IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10903 of 2009 LAL CHAND KOHAR, Son of late Inner Kumhar, resident of village – Bhitha Kothi, P.O. + P.S. Jogina (Balgaon) District – Gorakpur (U.P.). …. Petitioner. Versus 1. THE STATE OF BIHAR through its Chief Secretary, Old Secretariat, Patna. 2. Inspector General of Police (Prison), Bihar, Old Secretariat, Patna. 3. Director (Administration), Home (Prison) Department, Old Secretariat, Patna. 4. Superintendent, Central Jail, Buxar. ….Respondents. ----------- 02/ 28.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner has filed this writ application against the order passed by the I.G. (Prison) bearing memo no. 6106 dated 15th December, 2008, whereunder the case of the petitioner for appointment against a Class IV post has not been considered as he does not possess Class VIII certificate. 3. It is submitted on behalf of the petitioner that earlier petitioner was engaged as a daily wager as a compassionate appointee after the death of his father on 28.5.1984, who served Central Jail, Buxar as a tenter. Considering the death of his father petitioner was engaged as a daily wager with stipulation that at the appropriate time he shall be regularized against Class IV post, such fact would appear from the contents of the letter bearing memo no. 272 dated 11th January, 1985, Annexure-5 issued under the signature of the I.G.(Prison), Bihar. 4. Having heard learned counsel for the petitioner and the State, I am of the view that as petitioner was granted compassionate appointment by way of his engagement as daily wager as far back on - 2 - 28.5.1984, his case for regularization against a Class IV post is required to be considered in the light of the instructions of the State Govt. which held the field on 28.5.1984 for appointment on Class IV post. Had the authorities given him appointment on Class IV post at the appropriate time on 28.5.1984 there was no occasion to consider his case for regularization in the light of the subsequent circular of the State Govt. providing for minimum qualification of Class VIII for appointment on Class IV post. 5. In the circumstances, I direct the I.G. (Prison) to consider the case of the petitioner for Class IV appointment in the light of the stipulations made in his own letter bearing no. 272 dated 11th January, 1985, Annexure-5 as early as possible in any case within one month from the date of receipt/production of a copy of this order. 6. This writ application is, accordingly, disposed of. DKS/ (V.N. Sinha, J.)