JANARDAN LAL Vs. VICE CHANCELLOR

JUDGEMENT

(1.) The petitioner has sought direction for appointment in Grade-III instead of Grade-IV in terms of the Government order dated 21.8.1995.

(2.) The brief facts of the case are that the father of the petitioner who was working as a peon in Ranchi University, died in harness in the year 1997. The petitioner was given appointment on compassionate ground on 20th February, 1998. The petitioner joined the post of peon which is in Grade-IV. It is the case of the petitioner that one Mahesh Yadav and one Shri Indradeo Ram had been given appointment on the post of Grade-III however, the petitioner was offered appointment on the post of peon and as his family was in distress and he was in need of employment, he joined the post in Grade-IV. In terms of Government Letter dated 21st August, 1995, the petitioner sought appointment in Grade-III w.e.f. his initial date of appointment and arrears of difference of pay and other benefits also. A counter-affidavit has been filed denying the claim of the petitioner.

(3.) The learned counsel for the petitioner has submitted that the petitioner was entitled for appointment on a post in Grade-III in terms of letter dated 21st August, 1995 of the Government. Other persons have also been offered appointment in Grade-III however, the petitioner has been illegally denied the benefit for being appointed on a post in Grade-III. The learned counsel for the respondents has supported the stand taken in the counter-affidavit. He has pointed out that it is not true that appointment can be made only in Grade-III, rather in terms of letter dated 21st August, 1995, an offer can be made for appointment on a post in Grade-IV also. It has further been clarified that the case of the petitioner is not identical to Indradeo Ram and Mahesh Yadav.