Patna High Court
THE STATE OF BIHAR and ORSversusPAWAN KUMAR
- Decided
- Disposal
- DISPOSED
Holding
The appeal is disposed of in accordance with the earlier order, as the issues have been settled by the Supreme Court judgment.
Summary
Pawan Kumar filed a writ petition seeking appointment as a Group‑Ga teacher on the basis of a recommendation by the District Compassionate Appointment Committee. The Single Judge directed the respondents to appoint him on a regular government post with the appropriate pay scale, noting that the Committee lacks jurisdiction to recommend for Panchayat/Prakhand/Nagar Shikshak posts which are not state government posts. The State appealed the order. The appellate court observed that the same factual and legal issues had already been decided in LPA No.1472 of 2015, which relied on the Supreme Court’s judgment in SLP(Civil) No.29655 of 2010. Both parties agreed that the matter was settled. Consequently, the appeal was disposed of in the same terms as the earlier order, reaffirming the directions for appointment and regularisation.
Issues considered
- Whether the District Compassionate Appointment Committee has jurisdiction to recommend appointments for Panchayat/Prakhand/Nagar Shikshak posts.
- Whether the petitioner is entitled to appointment on a regular government post with regular pay scale based on the Committee’s recommendation.
- Whether the earlier Supreme Court judgment (SLP(Civil) No.29655 of 2010) governs the present appeal.
Subjects
- compassionate appointment
- district committee jurisdiction
- government teacher posts
- regular pay scale
- letters patent appeal
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1803 of 2010
======================================================
1. The State of Bihar and Ors. Department Of Human Resources, Government
Of Bihar, Patna
2. The Director, Primary Education Human Resources, Government Of Bihar,
Patna
3. The District Compassionate Appointment Committee Through Its Chairman
Cum District Magistrate Jehanabad
4. The Chairman District Compassionateappointment Committee Cum District
Magistrate Cum Collector, Jehanabad
5. The District Education Officer, Jehanabad
6. The District Superintendent Of Education, Jehanabad
... ... Appellants
Versus
Pawan Kumar, S/o Late Nagendra Sharma R/O Vill.- Karauta, P.S.-
Parasbigha In The District Of Jehanabad
... ... Respondent
======================================================
Appearance :
For the Appellants : Mr. Amrendra Kumar, AC to GP-11
Mr. Nilotpal Sharma, AC to Ex GP-21
For the Respondent : Mr. Sanjay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
8 17-01-2026 The instant intra Court appeal is directed against the
order dated 08.01.2010, passed in CWJC No.14714 of 2009.
The writ petitioner had prayed for the following relief/s in the
writ petition:-
“I. For commanding the respondents to appoint
the petitioner against the post of Group-Ga in
the pay scale of Rs.3050- 4590/- in pursuance to
the recommendation of the District
Compassionate Appointment Committee
Patna High Court L.P.A No.1803 of 2010(8) dt.17-01-2026
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contained in memo no. 486 dated 24.4.08 issued
under the signature of the Chairman, District
compassionate appointment committee cum-
District Magistrate, Jehanabad (respondent no.
4).
II. Also for any other relief/reliefs for which the
petitioner is entitled in the eye of law.”
2. Learned Single Judge has made the following
consideration in CWJC No.14714 of 2009 and analogous
matters vide order dated 08.01.2010:-
“Discussing all relevant rules and law, finally a
direction has been issued to the respondents to
consider the case of the petitioners’ appointment
in the light of letter no.6905 dated 17.10.2008
issued by Personnel and Administrative Reforms
Department, Government of Bihar, Patna, where
it has clearly been pointed out that the posts of
Panchayat/Prakhand/Nagar Shikshaks are not
the posts under the State Government and with
respect to such posts the District Compassionate
Committee cannot made any recommendation
since it is beyond the jurisdiction of the District
Compassionate Appointment Committee.
Further direction has been issued to appoint the
petitioners on the Government posts as per the
recommendation of the District Compassionate
Appointment Committee and allow regular pay
scales of an Assistant Teacher. In such cases,
where the application of the petitioners have
Patna High Court L.P.A No.1803 of 2010(8) dt.17-01-2026
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been returned by the District Compassionate
Appointment Committee, direction has been
issued to recall such applications filed by the
petitioners for the compassionate appointment
and make recommendation considering the
qualification on any Class III or Class IV posts.
A direction has also been issued in respect of
such petitioners, who have no any option, have
Joined on the post of Panchayat/ Prakhand
teachers on a fixed salary, to make payment of
saiary in the regular scale and also to make
payment of arrears of salary in the regular
scale.
All these writ applications are allowed giving
similar directions as mentioned above. The
respondents will comply the direction of this
Court in case of the petitioner as in the earlier
writ applications. These writ applications were
decided in the judgment passed in C.W.J.C. No.
10616 of 2009 and Analogous cases will apply
in case of all similarly situated persons. As
directed earlier, there should not be any undue
delay in compliance of the direction of this
Court, preferably the direction of this Court
should be complied with within twelve weeks
from the date of production/communication of
this order.”
3. A counter affidavit has been filed on behalf of the
writ petitioner/respondent, wherein learned counsel submits that
the instant appeal may be disposed of in terms of the order dated
Patna High Court L.P.A No.1803 of 2010(8) dt.17-01-2026
4/4
18.04.2018 passed by a Co-ordinate Bench of this Court in LPA
No.1472 of 2015, titled as ‘The State of Bihar & Ors v. Rhituraj
Saraubh & Ors.’ Learned counsel further submits that the said
LPA was disposed of after considering the Hon’ble Supreme
Court’s Judgment in SLP(Civil) No.29655 of 2010 .
4. Learned counsel for the appellants/State states that
he has no objection to submission made by the learned counsel
for the writ petitioner/respondent, as the issue had already been
settled by the Hon’ble Supreme Court.
5. It is further submitted by learned counsel for the
writ petitioner/respondent that the facts and issues arising in the
present Letters Patent Appeal are identical to those considered
in LPA No.1472 of 2015. This position is not disputed by the
learned counsel for the appellants/State.
6. Accordingly, the instant appeal stands disposed of
in the same terms and the directions contained in the aforesaid
order shall govern the present case as well.
(Sudhir Singh, J.)
(Ritesh Kumar, J.)
Gaurav Kumar/-
U
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