IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11633 of 2000 RAJ KUMAR. SON OF LATE RAJA DASRATH RAM, RESIDENT OF MOH. HAJI SUJAN, P.S. KOTWALI, DISTRICT- MINGER Versus 1. TILKA MANJHI BHAGALPUR UNIVERSITY, BHAGALPUR THROUGH ITS REGISTRAR. 2. THE VICE CHANCELLOR, T.M. BHAGALPUR UNIVERSITY, BHAGALPUR 3. THE REGISTRAR, T.M. BHAGALPUR UNIVERSITY, BHAGALPUR 4. THE DEPUTY REGISTRAR, T.M. BHAGALPUR UNIVERSITY, BHAGALPUR 5. THE PRINCIPAL, R.D. & D.J. COLLEGE, MUNGER. For the petitioner ; Mr. Purshottam Kumar Jha, Advocate For the respondent University: Mr. Anil Singh, Advocate. ----------- 4 30.09.2008 Heard Learned counsel for the petitioner and learned counsel appearing on behalf of Tilakmanjhi University. The writ petition has remained pending in this Court since the year 2000 but still the University has not filed any counter affidavit. The documents annexed with the writ petition show that by an order dated 31.7.1992 contained in Annexure-1, the Registrar of the University, under the order of Vice Chancellor appointed the petitioner as Class III employee in R.D & D.J. College, Munger on a temporary basis in regular pay scale with immediate effect on account of compassion due to death of his father Dasrath Ram, a Class III employee of the said college while still in service. - 2 - In paragraph no. 2 of the aforesaid order, it was mentioned that the appointment shall be regularized on availability of post/acceptance by the State Government. There is no dispute that petitioner has continued to work as a Class III employee in the said college since 1992. By Annexure-2, he was posted to perform some specific duty as Class III employee. By Annexure-3 dated 31.1.1994, one Upendra Narain Mishra, an Assistant in the said College was given notice that he would superannuate on 31.1.1994. By Annexure-4, the Bhagalpur University which was subsequently renamed as Tilkamanjhi University issued guidelines addressed to others including the Principal of the concerned college to adjust the beneficiaries of compassionate appointment on posts which has been rendered vacant due to death of relation of the appointee leading to compassionate appointment. Annexure-5 series are representations of the petitioner to the Registrar of the University through the Principal of the College to adjust and make permanent his appointment on vacant post of Assistant. When the petitioner received no favourable reply, he preferred this writ petition. This Court has no doubts that as soon as the University appointed the petitioner on Class III post on compassion, petitioner was entitled to be adjusted either - 3 - on the existing vacancies or as soon as the next vacancy occurred. He will be deemed to be in regular service of the college under the University since the date of his appointment(Annexure-1). If he has not received any benefits on account of the formal order of adjustment then such benefits should be paid to the petitioner without any delay preferably within three months. The writ petition is allowed. pkj (Shiva Kirti Singh, J)