IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8532 of 2008 Rajesh Kumar, aged about 38 years, S/o Late Jay Gobind Prasad, resident of Mohalla Kirtan Bhawan Road, Ward No.18, P.S. Town Madhubani, District Madhubani……………………………………..…Petitioner Versus 1. The Lalit Narayan Mithila University through its Registrar, Kameshwar Nagar, Darbhanga. 2. The Vice-Chancellor, LNMU, Kameshwar Nagar, Darbhanga. 3. The Registrar, LNMU, Kameshwar Nagar, Darbhanga. 4. The Establishment Committee for the appointment of the employee on compassionate ground, Kameshwar Nagar, Darbhanga. 5. The Principal, J.N. College, Madhubani. 6. Sri Bhogendra Jha, R.K. College, Madhubani. 7. Sri Rajesh Kumar, Suman, Routine Clerk, R.K. College, Madhubani. 8. Sri Girija Pati Singh, Assistant, J.N. College, Madhubani. 9. Smt. Shyama Devi, orderly peon, W/o Late Udit Narayan Jha, J.N. College, Madhubani. 10. Smt. Indu Singh, Routine Clerk, W/o Late Mithilesh Kumar Singh, J.N. College, Madhubani. 11. The Public Information Officer, LNMU, Darbhanga……………………………………………………Respondents ----------- For Petitioner: M/s Subhash Kishore Verma & S.S. Prasad, Advocates For the State: Mr. Santosh Kumar Jha, Advocate 3 19.07.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner was appointed on compassionate ground in 1991 against class IV post. He joined and continued in service. Thereafter he represented the authority 2 claiming that as per qualification, he was to be promoted on class III post. Learned counsel for the petitioner submits that after the appointment, petitioner has come in regular service of the University and, therefore, he should be treated equally vis-à-vis other class IV employees. This means that as per Rules applicable, his case along with others should have been considered for promotion to class III post. He submits that other appointees, who came into regular service later to the petitioner, have been promoted/ upgraded to class III posts, but the case of petitioner has been ignored. He submits that petitioner does not claim his promotion on class III post from the initial date of his appointment, he only claims consideration of his case along with other class IV employees, as per Rules for promotion to class III posts. Learned counsel for the University does not object to the claim of the petitioner. He submits that the petitioner is not entitled for promotion/appointment on class III post on the basis of compassionate 3 ground but surely, he can be considered for promotion to class III posts as per Rules applicable along with other similarly situated class IV employees. There can be no dispute in respect of this claim. Petitioner upon his appointment has become an employee of the University and hence, he has to be given equal treatment vis-à-vis other class IV employees and has to be considered for all benefits under the Rules as available to class IV employees. In the circumstances, the writ application is disposed of with a direction to the respondent-University to consider the case of petitioner for his promotion / upgradation to class III post if the same has been granted to other class IV employees, appointed later, under the Rules. It goes without saying that if the petitioner is promoted, he would be entitled to other consequential benefits - monetary as well as seniority in the grade as per law. B.T. (J.N. Singh, J.)