Compassionate appointments are contingent on the policies effective at the time of the employee's death, and not a right to enhanced benefits based on subsequent pay scales.

JUDGMENT :

PURNENDU SINGH, J.

Heard Mr. Ashok Kumar Garg, learned counsel appearing on behalf of the Petitioner; Mr. Madhav Prasad Yadav, learned GP-23 for the State and Mr.Rajesh Kumar Chaudhary, Learned counsel for the Veer Kunwar Singh University.

2. The Petitioner in paragraph no.1 of the present writ petition has sought inter alia following relief(s), which is reproduced hereinafter:

“(I) For issuance of an appropriate writ, order or direction in the nature of certiorari for quashing the Memo No.Legal/60/19/Estab./585/19/1383/ Estab./19 dated 14.05.2019/20.05.2019 passed by Registrar, Veer Kunwar Singh University, Ara/Respondent no.4 whereby he wrongly held that the petitioner is not entitled to the pay scale of Rs.5500-9900/- whereas the pay scale for the post of Store Keeper is Rs.5500-9900/ and at present also the respondent authorities are paying pay scale of Rs.5500-9900/ to other similarly situated persons i.e., store keeper of Shershah College, Sasaram. Therefore, the petitioner is also entitled for Pay scale of 9300-34800/-( Grade pay 4600).

(II) For issuance of an appropriate writ, order or direction in the nature of mandamus directing the respondent authorities to pay all the arrear of salary / differences of salary to the petitioner, which is dues, due to non-payment of admissible pay scale to the petitioner and petitioner is also entitled to get 18% interest over the dues amount.

(iii) For grant of any reliefs the petitioner would be found entitled to in the facts and circumstances of the case.”

3. The brief facts of the case are that the father of the petitioner, namely, late Harinder Kumar Singh, had died in harness on 14.08.2007, while he was working on the post of 'Store Keeper' in Shershah College, Sasaram, which comes under Veer Kunwar Singh University, Ara (hereinafter referred to as the 'University'). The petitioner had applied for considering his appointment on compassionate ground and the Compassionate Appointment Committee vide its decision dated 08.03.2008 had recommended for compassionate appointment of the petitioner, subsequent to which, the Registrar of the University had issued an order for appointment of petitioner vide Memo No. 282 dated 29.03.2008. Thereafter, the petitioner had joined on 02.04.2008 on the post of 'Store Keeper' in Shershah College, Sasaram. Learned counsel further submitted that Memo No. 1139 dated 18.06.2014 was issued by the Joint Secretary, Education Department, to all the Registrar of the Universities of Bihar for providing the scale of Rs. 5500-9000/- w.e.f. 01.04.2009 to the 'Store Keepers', subsequent to which, a notification was issued by the University vide Memo No. 665 dated 22.08.2014 for providing the pay scale of Rs. 5500-9000/- w.e.f. 01.04.1997 to the 'Store Keepers', who have been validly appointed with requisite qualifications against sanctioned posts. Petitioner having not given the said benefit had preferred CWJC No. 13580 of 2017 before a co-ordiante Bench of this Court, which was disposed of on 05.03.2019 with a direction to the petitioner to file detailed representation before the Registrar of the University. Thereafter, the petitioner had filed representation before the Registrar of the University on 01.04.2019, which was rejected vide Memo No. 19 dated 20.05.2019, which was communicated to the petitioner and other office bearers of the University. Aggrieved by the said order, the petitioner has fi