IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10628 of 2006 RANJAN KUMAR, Son of Sri Parashu Ram Singh, resident of village Sahasaraw P.S – Bhagwanpur Hat, District- Siwan ----------petitioner Versus 1. THE STATE OF BIHAR through the Chief Secretary, Govt of Bihar Patna 2.The Director Health Department Government of Bihar, Patna. 3. The Collector Cum District Magistrate, Siwan 4. The Chief Medical Officer, Siwan. 5. The Incharge Medical Officer, Maharajgang Siwan. -------Respondents 4. 15.04.2011 The petitioner was appointed on Class IV post of sweeper on compassionate ground. He seeks promotion to Class III post on the basis that some persons who were appointed along with him and some who had been appointed earlier have been promoted to class III post. He is not able to bring on record or submit with reference to any statute or circular that he has a right to be promoted to class III. A counter affidavit has been filed in which that the persons who have been promoted are from another department so far as, this department is concerned. Petitioner would be entitled to promotion subject to satisfying conditions after five years of service. It is not upon completion of three years or five years of service automatically promotion has been granted, if petitioner is entitled and qualified then the department would consider his case but not merely on the ground that someone else has been promoted petitioner could also get promotion, he is merely a matriculate. With the aforesaid observations this writ petition 2 stands disposed of. Namita ( Navaniti Prasad Singh, J.)