JYOTI SARAN, J.

1. This appeal under Clause 10 of the High Court of Judicature at Patna arises from the judgment and order dated 19.5.2009 of the learned Single Judge passed in C.W.J.C. No. 6282/2009, whereby the writ petition was disposed of with a direction to the respondents to grant appointment to the petitioners in pursuance of the recommendation made in their favour and strictly in accordance with the Government directive dated 17.10.2008 which compliance had to be ensured within a maximum period of eight weeks of the receipt/production of a copy of the judgment.

2. Eight weeks has translated into almost a decade and yet direction has not seen the light of the day. The judgment and order of the learned Single Judge was passed on 19.5.2009 and it is after trying all possible lawful recourse available at the disposal of the respondents that it is ultimately after a gap of six years that this L.P.A. was filed on 12.8.2015 and has been admitted for hearing after condonation of delay vide order passed on 9.3.2017.

3. The facts leading to this appeal are in a very narrow compass. For the sake of convenience we shall be making reference to the party position as it occurred before the Writ Court. There were two petitioners before the Writ Court. While the father of writ petitioner no.1, an Assistant Teacher in Primary School, Halidi, Chapra, Maner in the district of Patna, died in harness on 30.12.2004, the husband of writ petitioner no.2, also an Assistant Teacher in Middle School, Ratan Tola, Maner in the District of Patna, died in harness on 3.8.2004. The dates are relevant and the reasons would transpire as the matter progresses. Both these petitioners filed their application for compassionate appointment soon after the death of the bread winner.

4. Mr. Anjani Kumar, learned AAG-4, addressing the Court on behalf of the appellants, has fairly produced copies of the relevant documents connected with the exercise undertaken and which confirms that while petitioner no.1 filed his application in prescribed format on 4.2.2006, petitioner no.2 filed her application on 2.9.2004. These applications were forwarded by the departmental head i.e. the District Superintendent of Education before the District Compassionate Committee, Patna for a favourable consideration. The matters were considered and the District Compassionate Committee, Patna chaired by the District Magistrate, Patna in its meeting held on 30.10.2006 recommended the case of the two petitioners for compassionate appointment on a Class III post and in absence of vacancy, on a Class IV post. While the name of petitioner no.1 appears at serial no.11 of the recommendation, the name of petitioner no.2 appears at serial no. 13. Contrary to the recommendation of the District Compassionate Committee for appointment against Class III post in the Government that while petitioner no.1 was appointed as a Nagar Shikshak at Madhya Vidhyalaya, Kasba, Karimabad, Patna, petitioner no.2 was similarly appointed as a Nagar Shikshak in Navin Kanya Prathmik Vidhyalaya, Nuruddinganj, Malsalami, Patna vide appointment orders bearing No. 776 dated 14.8.2007 and 784 dated 13.9.2007 respectively which forms part of Annexure 4 series to the writ petition. The appointment orders are under the signature of the Municipal Commissioner, Patna Municipal Corporation. It is feeling aggrieved and relying upon a circular of the State Government dated 17.10.2008 of the Department of Personnel and Administrative Reforms, whereby the District Compassionate Committee was cautioned in not making recommendation for appointment on compassionate ground against the post of Panchayat Shikshak/Block Teacher/Nagar Shikshak since these posts were not posts under the State Government, that the petitioners came before this Court through the writ petition in question and the learned Single Judge upholding their grievance, disposed of the writ petition in the manner stated above.

5. The judgment and order of the Single J