IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3386 of 2009 Deonandan Prasad Versus Magadh University & Ors ---------------------------------- 06. 20.09.2011 Heard learned counsel for the petitioner and the counsel appearing for the State. Petitioner, who was appointed on compassionate ground on 13.02.1089 by the orders of Vice-Chancellor, Magadh University, Bodh Gaya on the sanctioned post of Peon. He joined on the post on 20.02.1989 at S. U. College, Hilsa (Nalanda) and since then discharging his duties. Petitioner is a Graduate, which is the requisite qualification for being appointed / promoted on Class-III post. Petitioner’s grievance is that there are six post of Class-III employee, vacant in the College, as per the chart, submitted by the University to the Director, Human Resources Development Department, Government of Bihar vide letter dated 17.03.2011, but no steps are being taken for filling up those vacancies. Petitioner had earlier filed Writ Application, vide C.W.J.C. No. 11767 of 1997 for a direction to the respondents to consider his claim for appointment / promotion in Class-III post. The Writ Application was disposed of vide Order, dated 16.10.1998, directing the 2 respondents to consider petitioner’s claim within six months. But till date, it has not been considered. Prayer of the petitioner in this Writ Application is also for a direction to the respondents to give him promotion to the post of Class-III with all consequential benefits, considering earlier direction of High Court in the Writ Applications as well as the vacancies existing as per the letter, submitted to the Human Resources Development Department, Government of Bihar. No Counter Affidavit has been field on behalf of the University, despite several adjournments. As such the matter is being disposed of directing the Vice-Chancellor, Magadh University, Bodh Gaya and the Pruncipal, S.U. College, Hilsa, Nalanda to take steps for filling existing vacancies of Class-III in S.U. College, Hilsa. Petitioner who is working on Class-II post, his case should also be considered, giving weightage of experience. The respondents will take steps for filling up those vacancies by way of promotion / appointment within three months from the date of production / communication of this Order. SKM (Mridula Mishra, J.)