IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.535 of 2008 BADRUZZMA . Versus THE STATE OF BIHAR & ORS . ----------- 2/ 27/11/2009 No one appears on behalf of the petitioner when the matter is called out. Learned counsel for the State is present. Counter affidavit has also been filed. This Court has carefully gone through the pleadings in the writ application and the counter affidavit with the assistance of the Learned counsel for the State who has very fairly assisted the Court. The petitioner was recommended for appointment by the District Compassionate Appointment Committee on 7.12.1999 for a Class-3 post, but was appointed on a Class-4 post. The writ petition does not state in express terms that the petitioner then joined his post. This was left to the respondents in their counter affidavit to make the necessary disclosure that consequent to his appointment on 27.6.2000 on a class-4 post the petitioner joined without protest and has willingly discharged his duties accepting salary and increments all these years when he filed the present writ application in January, 2008. The law stands well settled that 2 compassionate appointment is an exception. There cannot be a right to claim appointment on a Class-3 post. The appointment was a matter of grace at the cost of other eligible persons. In any event of the matter on facts the case of the petitioner stands fully covered by a judgement of the Supreme Court reported in (2007) 6 S.C.C. 162 (UNION OF INDIA AND OTHERS Versus SANGRAM KESHARI NAYAK). The writ application is dismissed. KC ( Navin Sinha, J.)