A compassionate appointment must align with the rules in effect at the time of the deceased employee's death.

ORAL JUDGMENT

Date : 30-01-2025 Heard Mr. Amaresh Kumar Singh along with Mr.

Onkar Kumar and Mr. Dineshwar Prasad Singh, learned counsels appearing on behalf of the petitioner and Ms. Meera Singh, learned AC to GP 23 for the State.

2. Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:-

“That this is application for issuance of appropriate writ/order/direction for grant of Regular scale of teacher by modifying the appointment of petitioner from the post of Nagar Prambhik Teacher on the basis of honorarium to the regular teacher as the father of petitioner died in year 2003 when the provision for appointment on compassionate ground was on regular post with consequential benefit.”

3. At the outset, learned counsel appearing on behalf of the petitioner submitted that as the entire globe was suffering from Covid-19 pandemic and advisories issued from time to time, petitioner had given undertaking that when the Hon’ble Court will start functioning smoothly after the normalcy, the required court fees will be furnished. Today in the Court, learned counsel undertakes to file the hard copy of the writ petition along with the court fees forthwith in the Registry.

4. Learned counsel proceeded to submit that father of the petitioner, who was a clerk in High School died in harness on 25.08.2003 while CJWC No.12797 of 2000, which was filed by the father of the petitioner, was pending. An interlocutory application was filed for substitution of the legal heirs of the deceased employee, which was allowed and the petitioner and his mother were substituted along with his brother. However, the writ petition was dismissed vide order dated 11.08.2006 and the mother of the petitioner including the petitioner preferred LPA No.627 of 2006, which was allowed on 20.07.2011. Thereafter, the matter was considered at the level of the State Government and the Director, Secondary Education, Government of Bihar found under the facts and circumstances of the case to pass an order of reinstatement of the father of the petitioner late Ashok Kumar with all consequential benefits. The reliefs as prayed on behalf of the substituted petitioners were allowed, holding the mother of the petitioner was entitled for family pension, as also the petitioner was entitled for being appointed on compassionate ground. It is admitted that father of the petitioner had died on 25.08.2003, however, the appointment of the petitioner was made as per the provision of Bihar Panchyat Elementary Teacher (Employment and Service Conditions) Rules, 2006 (hereinafter refereed to as the “Rules, 2006”) which came into effect from 01.07.2006. Certain clarifications were sought again by the District Programme Officer (Establishment), Begusarai and it was clarified that the appointment of the petitioner can be made in accordance with Rule 10 of the Rules, 2006. The petitioner has taken a ground in the present writ petition that the father of the petitioner had died on 25.08.2003 and the Rules, 2006 came into effect from 01.07.2006 but the petitioner till date is getting only honorarium in place of pay scale, though his appointment has been made on permanent basis. Learned counsel submitted that law in respect of the Rules which will govern the appointment and service condition of the persons who are appointed on compassionate ground would be relevant which was prevailing on the date of death of the deceased employee. In the present case, the father of the petitioner had died on 25.08.2003 and the Rules which was prevailing at the said time, provided for appointment on Class III or Class IV post. Petitioner’s case could have been considered for being appointed either on class III or class IV post and not in