Citation: CWJC No.2821 of 2019
Decided on: 31-10-2023
Coram: Honourable Mr. Justice Anil Kumar Sinha
Learned counsel for the petitioner submits that husband of the petitioner died in harness on 15.02.2014 while he was working as Class-IV employee in High School, Fatehpur, Patna. The petitioner applied for appointment on compassionate ground 04.08.2015 before the Headmaster of Rajkiyakrit Chhatriya Uchch Vidyalaya, Fatehpur, Patna.
The District Programme Office (Establishment), Patna, vide letter dated 04.09.2015, replied to the Headmaster that in view of the Government letter dated 22.06.2009, the appointment on compassionate ground of the petitioner cannot be acted upon since intermediate qualification is essential for appointment on the post of Panchayat Teacher/ Prakhand Teacher and therefore, the case of the petitioner could not be considered.
Learned counsel for the petitioner, by referring to the order dated 29.02.2019 passed in this case, submits that a categorical statement was made by the petitioner that she is willing to be appointed on Class-IV post. He also relied upon an order dated 03.03.2020, passed by this Court in C.W.J.C. no. 1065 of 2017 and other analogous cases to submit that the Education Department constituted Four Member High Power Committee and the Committee, after due deliberation, submitted recommendations vide Memo no. 1275 dated 26.09.2019 that the case of the dependent shall be considered for appointment on Class-III and Class-IV post, if they do not fulfill the eligibility condition for appointment as Panchayat Teacher.
Court’s Analysis and Judgement:
The Director, Secondary Education, Bihar, Patna is directed to take proper decision with regard to the claim of the petitioner for appointment on Class-IV post in light of recommendation of the High Power Committee, as contained in Memo no. 1275 dated 26.09.2019, within a maximum period of four months. With that the writ petition is disposed.
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Written By : Sushant Kumar Sharma