M.Y.EQBAL, J. - (1.) HEARD Mr. Sumir Prasad, learned counsel for the petitioner and Mr. RK.Marathia, learned GP 2.
(2.) IN this writ application the petitioner has prayed for issuance of appropriate direction upon the respondents, particularly respondent No. 4, the District Superintendent of Education, Hazaribagh to approve the appointment of the petitioner and to pay salary from the date of her joining i.e. 7.9.1993. The petitioners case is that her father late Hamid Ali Khan was working as a teacher in the school, the petitioners father died on 28.1.1992 and since nobody was there to maintain the family the petitioner having B.Sc. qualification applied for appointment on compassionate ground as Assistant Teacher on the said school. The application was duly recommended by the respondent No. 5, the Secretary of the school and then the matter was placed before the Committee. The Managing Committee of the school took a decision on 22.9.1992 to appoint the petitioner on compassionate ground as Assistant Teacher against the sanctioned vacant post. A copy of the decision has been annexed as Annexure 2 to the writ application. It is contended that the decision of the Managing Committee was sent to the respondent No. 4, the District Superintendent of Education for formal approval and the respondent No. 4, vide his letter dated 26.2.1993 intimated the . Secretary of the school that it is within the jurisdiction of the Managing Committee to take a decision. The Managing Committee, therefore, finally issued appointment letter dated 4.9.1993 appointing the petitioner on compassionate ground. It is stated that the petitioner joined the school and has been working since then. The petitioners further case is that the letter forwarded to respondent No. 4 for approval of appointment was sent to the Director of Primary Education, Bihar, who vide his letter dated 20.3.1996, directed to give approval if the appointment has been made after following all the procedure of appointment on compassionate ground. A copy of the letter dated 20.3.1996 has been annexed as Annexure 8 to the writ application.
(3.) A counter -affidavit has been filed by the respondent Nos. 3 and 4. The case of respondent is that since it was a case of compassionate appointment in a non -Government school and there has been no such provision of appointment on compassionate ground, so the case was referred by respondent No. 4 to respondent No. 2 for guidelines. The respondent No. 2, the Director Primary Education instructed that it is upto the District Superintendent of Education to ensure that a candidate has been appointed against a post sanctioned by the Government and if it is done according to the procedure, her service is to be approved. It is further stated that since the recommendation of the District Compassionate Committee has not been made for appointment of the petitioner, there would be no question of its approval.;