Compassionate appointments are not automatic and must adhere to the rules in force at the time of the employee's death, ensuring equitable treatment.

ORAL JUDGMENT

Date : 17-02-2025

Heard Mr. Amit Narayan, learned counsel along with Mr. Ketan Dayal, Ms. Vandana Rani and Mr. Abhigyan Kumar, learned counsel appearing on behalf of the petitioner and Mr. Rakesh Ranjan, learned AC to GP-22 for the State.

2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, following relief(s), which is reproduced hereinafter:-

“That this writ application is filed for regularization of service of petitioner on regular pay scale, who was appointed on compassionate on the post of teacher at fixed pay and has been working in furtherance thereof. For sake of brevity, hereinafter, every respondent is referred to as 'R' with respective number in cause title. By this instant writ application, the petitioner prays for the following reliefs:-

i. For issuance of writ of mandamus directing the respondents to regularize the petitioner on the regular post & pay scale of Teacher, with all consequential benefits, since the date of his initial joining dated 30.12.2010, as Block Teacher, as he was recommended to be appointed on compassionate on the post of 'Teacher' by District Compassionate Committee, Nawada vide Letter No. 513 dated 17.07.2008 under the schemes of Letter (Paripatra) No.- 3/C2-2067/90 Ka-13293 dated 05.10.1991 and Letter No. 3-C2-60108/94-Ka-2822, dated 27.04.1995 both issued by the then Department of Personnel & Administrative Reforms, Government of Bihar, now Department of General Administration, Government of Bihar, Patna.

ii. For issuance of writ of mandamus directing the respondents to follow the Provision 4.C (1) of Bihar Litigation Policy, 2011 (Annexure P/18) as similarly situated persons have already been granted equitable relief by the respondents.

iii. For quashing Memo No. 336 dated 07.03.2019 (Annexure P/16) issued under the signature of Joint Secretary by the Department of Education of the Government of Bihar.

iv. For imposing considerable cost on respondent authorities for not complying with the Bihar Litigation Policy, 2011.”

Brief Facts:

3. The father of the petitioner Late Md. Halim Khan died in harness on 12.12.2005 while he was posted as Assistant Teacher at Urdu Primary School, Akbarpur, Nawada. The father of the petitioner was the sole bread earner of his family. On 14.01.2006, the petitioner made his application for appointment on compassionate ground to the concerned Headmaster of the school where his father was posted, who forwarded the application to the office of the District Compassionate Committee, Nawada. Thereafter after making inordinate unexplaned delay of more than two years, the then District Superintendent of Education, Nawada forwarded the application and all documents of the petitioner to the office of District Compassionate Committee, Nawada vide Letter No. 501 dated 15.02.2008. On 24.05.2008, in the meeting of the District Compassionate Committee, Nawada under the Chairmanship of the District Magistrate, the petitioner was recommended for appointment to the post of Teacher by Letter No. 513 dated 17.07.2008 issued under the signature of District Magistrate- cum-Chairman, Committee, Nawada. District Compassionate Committee, Nawada. The District Superintendent of Education, Nawada directed the appointment of petitioner as Teacher on fixed pay as a Contract Teacher by Letter No. 3050 dated 17.09.2008 to the Block Education Prasar Officer, Block & District- Nawada to appoint the petitioner accordingly. In light of the aforesaid direction, again after inordinate delay of more than two years, the Block Education Officer, Block & District Nawada; Authorised Officer, Block & District Nawada and Block Development Officer