BRAJESH PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioners who were eligible for appointment on compassionate ground in terms of Government policy dated 5.10.1991 have been appointed in Government service on a Class-IV post but their grievance is that they ought to have been appointed against class-Ill post, inasmuch as, they had the qualification for a class-Ill post. Mr. Mangalam, learned counsel appearing on behalf of the petitioners has submitted that in similar case of one Manoj Kumar who too was appointed initially or a Class-IV post, he was subsequently appointed on a Class-Ill post when the order was issued by this Court to reconsider his case in C.W.J.C. No. 2825 of 2006. He has also relied on an order dated 27.1.2012 passed in C.W.J.C. No. 1811 of 2012 (Rakesh Kumar Suman vs. The State of Bihar and Ors.), wherein, a direction has been given to reconsider the case of the petitioner Rakesh Kumar Suman against Class-Ill post.

(3.) Mr. Mukhopadhayay learned counsel appearing on behalf of the State on the other hand submits that the case of Manoj Kumar is distinguishable in the facts, inasmuch as, in the next case it was on account of judicial order passed by this court that the Authorities had ultimately appointed him against Class-Ill post and that too after getting the revised recommendation from the District Compassionate Appointment Committee.