The State, by unconditionally appointing a candidate in compliance with a court order, waives its right to challenge that order through estoppel by conduct, and compassionate appointment rules prescribing specific posts do not impliedly bar appointment to other lower posts unless an express prohibition exists.

ORAL ORDER

(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

4 23-04-2026 Heard learned counsel for the parties.

2. The present intra court appeal has been preferred against the judgment and order dated 01.12.2017 passed by the learned Single Judge in C.W.J.C. No. 1224 of 2017, whereby the writ application filed by the writ petitioner (respondent herein) was disposed of.

3. The brief facts of the case are that the father of the respondent (writ petitioner) was working as an Assistant Teacher in Primary School, Rampur Tilak (North), Anchal Banmankhi, District Purnea, and died in harness on 16.10.2015. Following his death, the respondent submitted an application dated 31.12.2015 before the Block Education Officer, Banmankhi, Purnea, seeking appointment on compassionate grounds along with requisite documents. Thereafter, the respondent submitted a representation dated 23.08.2016 before the District Magistrate, Purnea, requesting consideration of his claim for compassionate appointment. However, no decision was communicated to the respondent on his claim. Aggrieved thereby, the respondent preferred C.W.J.C. No. 1224 of 2017 for appointment on compassionate grounds, which was disposed with a direction to the appellants to consider the case of respondent for compassionate appointment on Class III or Class IV post.

4. The learned Single Judge, while disposing the said writ petition, vide order dated 01.12.2017, observed as follows:

“5. Counsel for the petitioner submits that the petitioner has no choice for appointment on the post of teacher and he is ready to accept any post commensurate with his qualification and availability of the post whether Class III or Class IV and the claim of the petitioner for compassionate appointment cannot be denied on the ground that the petitioner has not passed TET examination and, as such, he cannot be offered appointment as Panchayat Teacher.

6. Considering the scheme of compassionate appointment, the respondents are under obligation to consider the case of the petitioner for appointment on compassionate ground against Class III or Class IV posts instead of insisting of appointment against the post of Panchayat Teacher and refusing to entertain the case of the petitioner on the ground that petitioner has not passed TET examination, in the compelling circumstance, the Court is constrained to direct the respondent authorities to consider the case of the petitioner for compassionate appointment, as the scheme of compassionate appointment was adopted by the State Government, as a social security measure, to tide over the financial crisis on account of death of the bread earner. The respondents are under obligation to consider the case of the petitioner for appointment on compassionate ground against the available Class III or Class IV post, as the case may be, within a period of 60 days from the date of receipt/production of a copy of this order along with the necessary documents required for consideration for appointment on compassionate ground.”

5. Learned counsel for the appellants submits that, in view of Rule 10 of the Bihar Panchayat Elementary Teacher (Employment and Service Conditions) Rules, 2006, compassionate appointment of dependents of deceased teachers can be made only on the post of Panchayat Teacher and not on any Class III or Class IV pos