Simplified Explanation of the Judgment
On 29 January 2021, the Patna High Court decided a Letters Patent Appeal (LPA No. 217 of 2011) filed by the State of Bihar against an earlier Single Judge order granting relief in a compassionate appointment case.
Background
- The respondent’s father, an Assistant Teacher, died in harness on 11 September 2006.
- The case for compassionate appointment was considered by the District Compassionate Committee on 25 January 2008, which recommended the respondent’s appointment in the pay scale of ₹4500–7000.
- Accordingly, the respondent was appointed as Prakhand Shikshak (Block Teacher) on 20 June 2008.
- However, by then the Teachers’ Appointment Rules, 2006, which came into effect on 01 July 2006, had already repealed the earlier Regular Teachers’ Appointment Rules.
- Due to this, the respondent was given appointment as a Block Teacher under the new rules instead of as a regular Assistant Teacher (Class III post).
The respondent challenged this in CWJC No. 310 of 2010, seeking appointment as a regular Assistant Teacher in the sanctioned pay scale, relying on the Compassionate Committee’s recommendation. A Single Judge allowed the writ petition on 28 January 2010, directing the authorities to appoint him on a regular post with regular pay scale.
High Court’s Consideration in Appeal
The State of Bihar appealed against this order. Meanwhile, the Supreme Court, in Mukesh Kumar & Anr. v. State of Bihar (Civil Appeal Nos. 4773–4779 of 2017), settled the issue by clarifying:
- Compassionate appointments recommended before 01 July 2006 (when the new rules came into effect) would entitle candidates to regular Class III or IV posts or continuance as teachers on a regular pay scale.
- Appointments made after 01 July 2006 would not carry such entitlement, as the new rules prescribed Block Teacher appointments with fixed pay. However, such appointees could approach the State Government for other relief.
Decision
Applying this principle, the Patna High Court held:
- Since the respondent’s appointment was made in June 2008, after the new rules had come into force, he was not entitled to regular pay scale benefits as an Assistant Teacher.
- The Letters Patent Appeal was therefore disposed of in terms of the Supreme Court’s ruling in Mukesh Kumar.
Significance or Implication of the Judgment
- Final clarity: This decision, read with the Supreme Court’s ruling, settles the long-standing confusion about compassionate appointments for dependents of teachers in Bihar.
- Cut-off date crucial: Only recommendations made before 01 July 2006 ensure entitlement to regular Class III/IV posts. Later appointees fall under the 2006 Rules.
- Policy balance: While protecting the rights of earlier compassionate appointees, the Court upheld the State’s right to enforce new recruitment policies from a notified date.
- Relief scope: Post-2006 appointees are not without remedy; they can still seek relief from the State Government, though not regular pay.
Legal Issue(s) Decided and the Court’s Decision
- Was the respondent entitled to regular pay scale as Assistant Teacher based on compassionate appointment?
— No. Since his appointment was after 01 July 2006, he fell under the 2006 Rules and could only be a Block Teacher, not a regular Assistant Teacher. - How did the Supreme Court’s ruling affect the case?
— The High Court applied Mukesh Kumar v. State of Bihar (2017), which clearly separated cases before and after 01 July 2006.
Judgments Relied Upon or Cited by Court
- Mukesh Kumar & Anr. v. State of Bihar & Ors., Civil Appeal Nos. 4773–4779 of 2017 (Supreme Court)
Case Title
The State of Bihar v. Sanjit Kumar
Case Number
Letters Patent Appeal No. 217 of 2011 in Civil Writ Jurisdiction Case No. 310 of 2010
Citation(s)
2021(1)PLJR 555
Coram and Names of Judges
Hon’ble The Chief Justice Sanjay Karol
Hon’ble Mr. Justice S. Kumar
Names of Advocates and who they appeared for
- For the appellants (State): Mr. Rajeshwar Singh, GA-10
- For the respondent: None appeared
Link to Judgment
https://patnahighcourt.gov.in/viewjudgment/MyMyMTcjMjAxMSMxI04=-Sd–am1–xNBdtOxk=
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