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2021 Supreme(Pat) 894

MOHIT KUMAR SHAH
Arbind Kumar Chaudhary, S/o. Late Ram Punit Chaudhary – Appellant
Versus
State of Bihar, through the Principal Secretary, Department of Education, Government of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Y.V. Giri, Sr. Adv., Mr. Sumit Kumar Jha.
For the Respondent: Mr. Mrigendra Kumar, AC to GP-20.

JUDGMENT :

The present writ petition has been filed for quashing memo dated 07.03.2019, issued by the Respondent No. 1 bearing the signature of the Respondent No. 3 i.e. the Joint Secretary, Department of Education, Government of Bihar, Patna whereby and whereunder the Government of Bihar, in compliance of the order passed by the Hon’ble Apex Court in Civil Appeal No. 4776-4777/2017 (Mukesh & Another vs. State of Bihar & Others) dated 03.04.2017, has taken the following decisions:-

    (i) If the competent Compassionate Appointment Committee has recommended the case of the dependent of the deceased Government Teacher for appointment on Class III and Class IV posts or on the post of teacher on compassionate ground prior to 01.07.2006 then appointment of such candidate shall be made on the post for which recommendation has been by the Compassionate Appointment Committee in the regular pay-scale.

(ii) In compliance of the aforesaid Order, appointment on Compassionate ground shall be made on the regular post of teacher and in the regular pay-scale, only against the available vacancy.

(iii) This order shall be applicable only with regard to the parties of the case in reference and that of the e

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