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 enclosed case.

(iv) The letter of the Education Department dated 12.01.2018 is surpassed by the present order.

(v) This Order shall be enforced with effect from 12.01.2018.

2. The brief facts of the case are that the father of the petitioners herein died in harness prior to 01.07.2006 and at that time, no family members of the petitioners were in any service. The petitioners being intermediate pass or possessing qualification higher than intermediate pass, at the relevant time, had made applications for appointment on compassionate ground before the concerned respondents in the year 2006, whereafter their cases were recommended for appointment on compassionate ground on the regular post of Teacher by the District Compassionate Committee, Saran. While the petitioners no. 1 to 8 were recommended vide letter dated 15.01.2007, the petitioner no. 9 was recommended vide letter dated 19.11.2007. Thereafter, the petitioners were appointed on the contractual post of Panchayat / Block Teacher as per the Bihar Panchayat Primary Teacher/Municipal Teacher (Appointment & Service Conditions) Rules, 2006 (hereinafter referred to as the ‘Rules 2006’). The petitioners no. 1 to 8 had then joined as contractual teacher in the year, 2007 while the petitioner no. 9 had joined in the year, 2008. At this juncture, it is submitted that the post of Panchayat / Block Teacher / Town Teacher is not a Government post and in such view of the matter, even the Government of Bihar, by a letter dated 17.10.2008, issued under the pen and signature of the Dy. Secretary to the Government, Depart. of Labour & Administrative Reforms, had clarified that the post of Panchayat Teacher / Block Teacher/ Town Teacher is not a post under the Govt. of Bihar, hence, no recommendation for appointment on compassionate ground can be made for such posts. In fact, the petitioners are stated to have been recommended to be appointed on regular vacant posts.

3. The petitioners no. 1 to 6 and 9 had then approached this Court by filing various writ petitions bearing C.W.J.C. No. 17953 of 2008, C.W.J.C. No. 3638 of 2008, C.W.J.C. No. 721 of 2008, C.W.J.C. No. 14855 of 2008, C.W.J.C. No. 654 of 2008, C.W.J.C. No. 1461 of 2008 and C.W.J.C. No. 14420 of 2009, which were allowed vide order dated 08.01.2010, passed by a coordinate Bench of this Court and the respondents were directed to consider the case of the said petitioners for appointment in light of the letter no. 6905 dated 17.10.2008, issued by the Personnel & Administrative Reforms Department, Government of Bihar, Patna, wherein it has been clearly pointed out that the posts of Panchayat / Prakhand / Nagar Shikshaks are not under the State Government and with respect to such posts, the District Compassionate Appointment Committee cannot make any recommendation