IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1484 of 2009 1. THE NATIONAL INSTITUTE OF TECHNOLOGY, PATNA, THROUGH ITS DIRECTOR, NATIONAL INSTITUTE OF TECHNOLOGY, PATNA 2. THE DIRECTOR, NATIONAL INSTITUTE OF TECHNOLOGY, PATNA. 3. THE REGISTRAR, NATIONAL INSTITUTE OF TECHNOLOGY, PATNA. … Respondents.. Appellants Versus VIJAY KUMAR MANDAL S/O LATE RAM SEWAK MANDAL,R/O VILL- BHATTPURA, P.S- MANIGACHI, DISTT- DARBHANGA. … Petitioner.. Respondents -------- For the appellants ; Mr. Shashi Bhushan Pd., Adv. For the opposite party : Mr. Siya Ram Shahi, Adv. ----------- 3. 26.04.2010 In this intra-court appeal, the challenge is to the order dated 13.10.2009 passed by learned single Judge in C.W.J.C. No. 10687 of 2009 whereby he had directed the present appellant, namely, National Institute of Technology, Patna to consider the case of the petitioner for being given employment in Grade-D (Class- IV post), if he otherwise not eligible. Be it noted, the learned single Judge has analyzed many an aspect which relates to sanctioned post and other ancillary aspects. This Court on 23.4.2010 had directed the personal presence of Director of National Institute of Technology, Patna to render assistance and 2 solve the problem that has cropped up. In pursuance to the aforesaid order, Dr. U. C. Roy, Director of National Institute of Technology, Patna along with Professor Vidya Sagar, Registrar of the National Institute of Technology, Patna are present. In course of hearing, a suggestion was given to the learned counsel for the parties as well as to Dr. U. C. Roy and Professor Vidya Sagar whether they can engage the respondent- writ petitioner, namely, Vijay Kumar Mandal as a daily wager with the stipulation that in case of vacancy he would be accommodated as it is a compassionate appointment and the man is in penury. We must note with appreciation that Dr. U. C. Roy and Professor Vidya Sagar who are present readily agreed to the suggestion and the same is also accepted by Mr. Shashi Bhushan Prasad, learned counsel for the appellants and Mr. Siya Ram Shahi, learned counsel for the respondent. In view of the aforesaid, the appeal is allowed and the order passed by learned single Judge is set aside. The appeal is disposed of recording the statement that respondent, Vijay Kumar Mandal shall be engaged as a daily wager from 5th May 2010 and his case shall be 3 considered when the vacancy would arise and all endeavour should be made to absorb him in due course as his family suffers from impecuniousity. Before parting with the case we must record our appreciation for Dr. U. C. Roy and Professor Vidya Sagar. There shall be no order as to costs. Kanchan (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)