IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11706 of 2006 VIJAY KUMAR SINGH Versus THE CHANCELLOR,UNIVERSITIES OF ----------- For the petitioner : Mr. Shyama Prasad Mukherji, Sr. Advocate. Mr. Shanti Pratap, Advocate. For the Chancellor : Mr. Shivendra Kishore, Advocate. For the University : Mr. A.K. Keshari, Advocate. 2 03.11.2010 Having heard learned counsel for the petitioner and counsel for the Tilka Manjhi Bhagalpur University as with regard to the following reliefs “That this writ application is being filed for commanding the respondents to consider the case of the petitioner for his absorption against sanctioned and vacant class III post in J.P. College, Narayanpur, Bhagalpur under Tilka Manjhi Bhagalpur University, Bhagalpur”. “This writ application is also being filed for holding that the impugned non-consideration of claim of the petitioner for his absorption against substantive vacant class III post in J.P. College, Narayanpur, Bhagalpur is illegal, arbitrary, malafide, unreasonable and without any lawful jurisdiction”. this Court is of the considered opinion that there will be no issue of absorbing the petitioner in regular establishment as he is an ordinary daily wage employee. It has to be kept in mind that the petitioner was appointed on compassionate ground as a daily wager and in the year 1993 and when his such daily wage engagement 2 was sought to be terminated in view of an earlier order of the Principal of J.P. College, Narayanpur, Bhagalpur,. this court had interfered in the matter by making following declaration: “In such view of the mater, it is declared that the status of the petitioner as was acquired by him in terms of the direction of the Chancellor by obtaining engagement on daily wage basis cannot be altered until the petitioner has reached the age of superannuation or unless the petitioner is dismissed from service after holding disciplinary proceeding against him”. It is thus clear that the status of the petitioner was only recognized by this court as a daily wager and he cannot seek absorption inasmuch as the concept of absorption would apply only to such a person who was regularly appointed in the service. The appointment on compassionate ground is an exception to the rule and he is to be governed by the terms and conditions of the appointment. The petitioner therefore can claim automatic absorption / regularization in service on the plea that services of other daily wages employee not compassionate ground have been regularized. The University in fact had already considered other daily wagers for their appointment (not regularization) on the post of class III post and if the 3 petitioner was also given such an opportunity to compete with others and he did not choose to avail the same he cannot make a grievance for his appointment on a class III post on compassionate ground. Learned Counsel for the petitioner has however submitted that the petitioner had not been given any such opportunity for being considered for appointment in the regular establishment on Class III post alike other daily wage employee and therefore he should be also given at least an opportunity of being considered for appointment on any vacant class III post. In the considered opinion of this Court the petitioner, may file his representation to the Vice- Chancellor of the University who will pass an appropriate order as with regard to the claim of the petitioner for his being considered for appointment on a Class III post alike any other daily wager earner of the university holding the class III post. It is made clear that merely because the petitioner was continuing to look after the work of librarian of the college he will not be held to be also entitled for being appointed / regularized on the said post of librarian, if he has no qualification for the same post. On the other hand, if the post of librarian is a class III post and the university intends to fill up the same from amongst the 4 eligible working daily wage employees of the University working against class III post, and of the petitioner also holds the required prescribed qualification for the post of librarian, his case may also be considered along with other similarly situated persons. It is however made clear that in the event the respondent University would appoint the petitioner against any Class III post including that of a librarian by way of final selection/recruitment in the manner in which other daily wages earner of the university working on Class III post have been appointed, the petitioner will be only given the prospective benefit of such appointment including salary of such Class III post and he will not be entitled for any arrears on the ground that he was continuing earlier on a Class III post. It is hoped that an appropriate decision on the representation of the petitioner would be taken within a period of six months from date of the receipt/production of a copy of this order. With the aforementioned observations and direction, this application is disposed of. PN/Devendra (Mihir Kumar Jha, J.)