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2009 Supreme(Pat) 715

RAMESH KUMAR DATTA
Rajeev Ran Vijay Kumar Son Of Late Kamleshwar Kumar Singh – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

1. Heard learned counsel for the petitioner and learned A.C. to A.A.G.-III for the State.

2. It is submitted by learned counsel for the petitioner that the case of the petitioner for compassionate appointment in the Education Department was recommended by the District Compassionate Committee at its meeting held on 7.12.2005 considering that the petitioners father was a teacher in a Government School. Pursuant to the same, the authorities wrote a letter to the petitioner that he may be given appointment as a Prakhand/ Panchayat Shikshak. The petitioner exercised his option for the same and accordingly, joined on the post of Prakhand Shikshak in Koelwar.

3. Learned counsel for the petitioner submits that the authorities have wrongly forced the petitioner to accept such appointment, which is not an appointment under the Government as has been clearly laid down in the Circular Letter No. 6905 dated 17.10.2008 issued by the Personnel and Administrative Reforms Department, Government of Bihar. In the said Circular, which has been annexed as Annexure-2 to the supplementary affidavit, it is stated that the post of Prakhand/Panchayat Shikshak is not a post under the Government and


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