Summary
Dependants appointed compassionately as Nagar Shikshaks after the 2006 recruitment rules came into force could not demand conversion to regular State-government service on the strength of a later executive instruction. Their appointments were governed by the statutory rules and had been accepted. The Court set aside the High Court’s direction while allowing them to seek suitable relief from the State Government.
Issues
- Whether accepted compassionate appointments under the 2006 rules could be converted into regular government appointments by relying on an executive instruction.
Provisions considered
- Rules 10 and 20, Bihar Municipal Body Elementary Teachers (Employment and Service Conditions) Rules, 2006Governed these post-commencement compassionate appointments and repealed earlier recruitment instructions; an executive circular could not override the rules. (¶¶ 8–9, 11)
Held
- Both respondents were appointed after 1 July 2006 under rule 10 and accepted those appointments. The High Court erred in relying on the October 2008 instruction while overlooking the governing rules. (¶¶ 8–9, 11)
- The earlier special-leave dismissals did not displace Mukesh, which distinguished pre-rule recommendations from appointments governed by the 2006 regime and rejected the claimed regular-service entitlement for the latter category. (¶ 10–11)
- The respondents retained liberty to approach the State Government for suitable relief on the same basis as the orders referred to in Mukesh. (¶ 11)
Result
State appeal allowed without costs; High Court direction for regular government appointment set aside. Respondents permitted to approach the State Government for suitable relief; pending applications disposed of.