JUDGMENT :

ARUN KUMAR JHA, J.

1. Heard learned counsel for the appellants and learned counsel for the respondents.

2. The present L.P.A. is directed against the judgment dated 18.03.2017 and order dated 20.04.2017 passed in CWJC No. 17856 of 2009 by the learned Single Judge of this Court whereby and whereunder the civil writ petition filed by the respondents has been disposed of in the terms mentioned therein. Thereafter, the said judgment dated 18.03.2017 has been modified by correcting factual error vide order dated 20.04.2017.

3. In the writ petition, the petitioners-respondents herein have sought following relief:

“(I) For issuance of writ/writs in the nature of mandamus for a direction to the respondent authorities to appoint the petitioners on compassionate ground on the post regular post of Class-(III) in pursuance of recommendation made vide letter dated 31.12.2008 by the District Compassionate Committee, Katihar for appointment and in the light of recommendation made by the District Superintendent of Education, Katihar, for which examination was taken and petitioners successfully passed, though as matter of fact other candidates who passed the examination and selected for appointment on class-III past on compassionate ground like petitioners have been appointed in different department.

(II) For issuance of writs in the nature of certiorari for quashing the letter issued vide letter no. 634 dated 7.9.2009 by the respondent D.S.E. Katihar in favour of petitioner no. 1 whereby and whereunder he has been directed to submit application for employment in concern block/panchayat employment unit for employment, because vide letter dated 22.06.2009 issued by the respondent no. 4, direction has been given for compassionate appointment of the dependents of deceased employee who were posted as teacher/non teaching posts.

(III) For issuance of writs in the nature of certiorari for quashing the letter No. 2955 dated 22.06.2009 issued by the Deputy Secretary, Personal and Administrative Reforms Department, Bihar, Patna, by which direction has been given for employment of the dependents of teaching non teaching employees on compassionate ground as block/ panchayat teacher instead of regular appointment against the regular post, though after taking examination name of the petitioners was recommended for appointment on Class-III posts and the letter dated 17.10.2008 issued by the same authority disclosed that earlier, authorities of the education department were directed to not make employment on compassionate ground on the post of Block/Panchayat teacher, because it not come under the State Govt., accordingly, compassionate committee has no jurisdiction.

(IV) And for any other relief/reliefs for which petitioners are legally entitled to.”

4. Brief facts of the case are that the parents of the writ petitioners (respondents herein) were Assistant teachers at different primary schools and they died in harness in the year 2004 to 2007 and, as such, the writ petitioners-respondents herein being their dependents applied for compassionate appointment. The District Compassionate Committee after considering the case of the writ petitioners on different dates had finally recommended for their appointment on Class-III posts vide order dated 31.12.2008 as they cleared the examination held for making such selection. However, when the orders of appointment in favour of the writ petitioners were being delayed, the writ petitioners approached this Court by filing CWJC No. 17856 of 2009 which was finally disposed of vide judgment dated 18.03.2017 directing the District Magistrate to appoint the petitioner nos. 1, 3 and 4 on Class III posts in terms of the recommendation dated 31.12.2008. However, the said order dated 18.03.2017 was modified vide order dated 20.04.2017 directing to appoint the petitioner nos. 1, 2 and 3 and further observed that the appointment of the petitioner no. 4 as Panchayat Teacher was proper. The said decision was precisely based on the