JUDGMENT :

Sujit Narayan Prasad, J.

1. The matter has been heard through video conferencing with the consent of the learned counsel for the parties. They have no complaint about any audio and visual connectivity.

2. Both the appeals have been heard together with the consent of the parties since common issues are involved.

3. The instant intra-court appeal is directed against the order/judgment dated 25.08.2018 passed in W.P.(S) No.2430 of 2016 and W.P.(S) No.2489 of 2016 by which the writ petitions have been dismissed denying the claim of the writ-petitioners for appointment on higher post, i.e., Class-III post, on compassionate ground.

4. The brief fact of the case which requires to be considered stand enumerated as under:

The fathers of the appellants/writ-petitioners, i.e., late Maksudan Prasad died in harness on 24.05.2005 [L.P.A. No.624 of 2018 arising out of W.P.(S) No.2430 of 2016] and Late Nehal Ram died in harness on 31.12.2004 [L.P.A. No.629 of 2018 arising out of W.P.(S) No.2489 of 2016] both working as Forest Guard in Koderma Forest Division.

The writ-petitioners claiming to be eligible persons for consideration of their candidature of appointment on compassionate ground applied for the same. The respective cases of the writ-petitioners along with others were considered by the District Compassionate Appointment Committee, Koderma in its meeting held on 27.12.2005 wherein decision was taken to appoint the writ-petitioners and other candidates, including one Mr. Promod Kumar, on Class-IV post in the office of Forest Division, Koderma as Bunglow Chowkidar.

According to the writ-petitioner, respondents have adopted pick and choose policy since the candidates having lesser qualifications in comparison to the writ-petitioners, such as Ashish Kumar son of late Rohan Ram Turi, only being matriculate, was recommended for appointment on Class-III post while the writ-petitioners having higher qualification and suitable otherwise, were not considered for appointment on Class-III post.

Further case of the writ-petitioners is that one Nand Kishore Anand, who was recommended for appointment on Class-IV post in the office of District Education Officer, Koderma who refused to join on the said post as prior to the said consideration, was recommended for appointment on Class-III post. The said Nand Kishore Anand filed a writ petition being W.P.(S) No.7219 of 2005 which was decided in his favour and pursuant to the direction of this Court, the District Compassionate Appointment Committee recommended the name of Nand Kishore Anand for appointment on Class-III post in the office of Civil Surgeon-cum-Chief Medical Officer, Koderma.

Further, one Shailendra Kumar was also recommended for compassionate appointment on Class-III post and, accordingly, he was appointed in the office of Civil Surgeon-cum-Chief Medical Officer, Koderma on Class-III post. The writ-petitioners, being aggrieved and dis-satisfied with the action of the respondent-authorities along with one Upendra Kumar Mehta, filed a writ petition being W.P.(S) No.2323 of 2008, praying therein for issuance of direction for consideration of their appointment on Class-III post as they fulfilled the qualifications and other eligibility criteria as provided under the Scheme made for appointment on compassionate ground. The said writ petition was decided vide order dated 10.01.2011 granting liberty to the writ-petitioners to file fresh representation regarding their claim for consideration by the Deputy Commissioner-cum-Chairman, District Compassionate Appointment Committee, Koderma.

The cases of the writ-petitioners were considered and rejected vide the decision dated 19.03.2012.

The writ-petitioners again filed fresh writ application before this Court being W.P.(S) Nos.2430 of 2016 and 2489 of 2016 questioning the order dated 19.03.2012 inter alia on the ground that other similarly situated persons, namely, Shri Pramod Kumar, who was initially appointed on Class-IV post on 27.12.2005, however, he