Statutory provisions and previous court rulings govern compassionate ground appointments, and appointments made in accordance with the Rules are considered valid.

1. Heard learned counsel for the parties as with regard to the following reliefs prayed in this writ application:-

"To appoint the petitioners in Class-III post on compassionate ground as the petitioners are eligible for appointment on such post and several other persons whose cases are exactly similar to the writ petitioners have already been given appointment on compassionate ground over Class-III post in different districts of the State of Bihar.

To hold that appointment of several persons, whose cases are identical with that of the writ petitioners, on compassionate ground over Class-III post providing for regular pay scale and not giving the same treatment to the writ petitioners is gross case of discrimination and the same violates Article 14 and 16 of the Constitution of India."

2. From the reading of the averments in the writ petition it would appear that after the petitioners have already been appointed on compassionate ground as Prakhand Teacher/ Nagar Teacher they have now a vision of being appointed again on compassionate ground against the regular post of teachers.

3. The petitioners, however, forget that in view of the statutory provisions made in the Rules ever since 01.07.2006 every dependant of a teacher of regular cadre who has died in harness, his/her ward can get appointment on compassionate ground only on the post of Prakhand/Panchayat/Nagar Shikshak.

4. In that view of the matter, this Court will not find any error in the appointment of the petitioners whose appointment has already been made as is evidenced from the statement and the chart enclosed in paragraph no. 3 of the writ application, relevant portion whereof reads as follows:-

Petitioner Date of Appointment Designation Place of posting

1. 17.05.2010 Nagar Teacher Govt. Middle School, Hindu Anathalaya, Bettiah

2. 25.06.2011

Nagar Teacher

Govt. Middle School, Gandak Colony, Bettiah

3. 20.07.2011

Block Teacher

Govt. Middle School, Banuchapar, Bettiah.

4. 07.12.2010

Nagar Teacher

Govt. Primary School, Naurangabad, Bettiah

5. 31.10.2007

Block Teacher

Upgraded Middle School, Shekh Toli, Bairia, Urdu

6. 06.07.2010

Nagar Teacher

Govt. Middle School, Islamiya, Urdu, Ganj No. 2, Bettiah

7. 23.12.2010

Nagar Teacher

Govt. Middle School, Krishnabagh, Bettiah

8. 06.07.2010

Nagar Teacher Adarsh Bipin Middle School, Bettiah

9. 17.08.2011

Block Teacher

Upgraded Middle School, Bagahi, Gyaniji Ka tola, Bairia

5. Once this aspect becomes clear that all the petitioners being wards of deceased teachers have been appointed either as Prakhand/Nagar Shikshak in terms of Bihar Panchayat Teacher Appointment Rules 2006, there would be no difficulty for this Court now to reject their claim for their fresh appointment on compassionate ground against a sanctioned post of regular teacher or any Class-III post. First of all the post of regular teachers has already been abolished and now post of teacher in each and every school is being filled up by way of Prakhand/Panchayat/Nagar Shikshak in terms of Bihar Panchayat Teacher Appointment Rules 2006 as amended from time to time. Thus in the absence of regular post, it would be a valid ground for denying appointment on compassionate ground to the petitioners.

6. The petitioners however claim that they ought to have been appointed on any other Class-III post. That however was impossible in view of the statutory Rule which reads as follows:-

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7. In fact a similar provision has been made for the post of