IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12089 of 2002 SWATI KUMARI, daughter of late Nagendra Prasad Singh, of village and Post Navkothi, P.S. Nawkothi, District Begusarai … Petitioner Versus 1. L.N.MITHILA UNIVERSITY through the Registrar, Kameshwar Nagar, Darbhanga 2. The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar nagar, Darbhanga 3. The Registrar, L.N.Mithila University, Kameshwar Nagar, Darbhanga 4. The Principal, Ramcharitra Singh College, Manjhalul, Begusarai … Respondents ----------- 5. 6.7.2010 After some argument Mr. Dinu Kumar, learned counsel for the petitioner, seeks permission to withdraw this application in order to enable the petitioner to move the Respondents for seeking equal treatment as was given to others vide office order dated 4.4.2008, as contained in Annexure 14 to his supplementary affidavit. While it will be open for the petitioner to move afresh and also for the University to take its independent decision as with regard to appointment of the petitioner on compassionate ground on a higher Class-III post but then it is made clear that if the University finds any rationale in maintaining its stand by reiterating its earlier order as with regard 2 to the petitioner for continuing her on a Class IV post, it will also take into account the fact that it has chosen to give such appointment to others in presence of the same policy. At the same time this must be made clear that the appointment of the petitioner was made in the year 2002 after the Division Bench judgment of this Court dated 8.1.2002 in C.W.J.C.No. 13399/2001 (Bimlesh Kumar vs. the State of Bihar & ors.) wherein it was held by this Court that there is no right to the wards of the employee dying in harness to claim appointment on class III post and such appointment can be made on any available vacancy including a Class IV post. If on that line the University has chosen to not only give the petitioner an appointment on Class IV post, its subsequent decision of recalling the order in favour of eight persons dated 23.2.2002 can be justified if there is a cut off date for implementing such policy in the matter of compassionate appointment. In other words, if the respondents maintain that after the judgment of the Division Bench no one has been given 3 appointment on compassionate ground on a Class III post, their decision in the case of the petitioner would be well protected but if there has been pick and choose the respondents must consider their decision in accordance with law. Any decision as with regard to the petitioner needs be taken expeditiously preferably within a period of six months from the date of receipt of this order. With the aforementioned observation, this application is permitted to be withdrawn with a rider that the petitioner will have no liberty to move this Court again for the same cause of action. (Mihir Kumar Jha,J.) Surendra/