Dr Dhananjaya Y Chandrachud, J 1 A Division Bench of the High Court of Judicature at Patna by its judgment dated 30 March 2015 affirmed the view of the learned Single Judge, and directed the grant of companypassionate appointment to the respondents on a regular scale of pay in the services of the State Government and number on the post of Nagar Shikshaks to which they were appointed.
1 DCAC 2 2006 Rules 3 The respondents instituted writ proceedings under Article 226 before the High Court, seeking a mandamus for their appointment on a companypassionate basis to posts under the companytrol of the State Government.
Signature Not Verified Digitally signed by SANJAY KUMAR Date 2019.07.18 The father of the first respondent died in harness on 7 May 2006, while in 122445 IST Reason employment as an Assistant Teacher in a primary school.
The mother of the second respondent was also an Assistant Teacher in a primary school when she died in harness on 9 September 2006.
This direction was based on an instruction dated 17 October 2008 issued by the Government of Bihar, which has since been withdrawn.
On 25 January 2008 and 27 June 2008, the District Compassionate Appointment Committee1 companysidered the request of the respondents for companypassionate appointment.
On 12 April 2008, the first respondent was offered employment on the post of Nagar Shikshak under Rule 10 of the Bihar Municipal Body Elementary Teachers Employment and Service Conditions Rules, 20062.
On 19 August 2008, the second respondent was offered appointment as a Nagar Shikshak on the basis of the recommendation of the DCAC.
Aggrieved by order of the Division Bench, the State of Bihar is in appeal.
