Dipak Misra, J.

1. The present appeal was preferred under Clause-X of the Letters Patent assailing the defensibility of the order dated 30.4.2009 passed by the learned Single Judge in CWJC No. 10795 of 2006.

2. When the matter was heard by the Division Bench, the Bench came across a decision rendered in Brajesh Kumar V/s. The State of Bihar & Ors., 2010(1) PLJR 339 wherein a reference was made to the Bihar Panchayat Primary Teacher (Appointment and Service Conditions) Rules, 2006 (hereinafter referred to as the 2006 Rules), resolution no. 12754 dated 12.7.1997, letter no. 6905 dated 17.10.2008 and notification dated 22.6.2009 issued by the Department of Personnel & Administrative Reforms, Government of Bihar pertaining to compassionate appointment, and further, the Division Bench decision rendered in Dilip Kumar Bhattacharya V/s. The State of Bihar & Ors., 2004(4) PLJR 889 and, eventually, it was held that the legal heir of deceased teacher, who was appointed much prior to coming into force of the 2006 Rules, is entitled to be appointed on a Government post and not on the post of Panchayat/Prakhand/Nagar Shikshak as the District Compassionate Committee which recommends for