The main legal point established is that the authorities must adhere to the government circulars and recommendations of the District Compassionate Committee when making compassionate appointments.

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 the District Compassionate Committees have been directed not to make any recommendation for appointment on such post as it was beyond their jurisdiction.

4. In view of that clear directions issued in the aforesaid Circular letter of the Personnel and Administrative Reforms Department, it is evident that the petitioner has not been given appointment on compassionate ground in the Government as was recommended by the District Compassionate Committee in its meeting dated 7.12.2005 and as per the requirement of the Government Circulars.

5. The writ application is, accordingly, allowed and the respondent-authorities are directed to appoint the petitioner on an appropriate post in the Government as per the recommendation of the District Compassionate Committee within a period of two months from the date of receipt/ production of a copy of this order.