IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10689 of 2006 Shailesh Kumar Singh, Son of Late Subodh Narayan Singh, resident of Mohalla Arrah, P.S. Bhellarh, District Madhepura. –Petitioner. VERSUS 1. The State of Bihar. 2. The Secretary, Department of Welfare, Government of Bihar, Patna. 3. The Director, Department of Welfare, Government of Bihar, Patna. 4. The Deputy Director, Department of Welfare, Government of Bihar, Patna. 5. The District Welfare Officer, Department of Welfare, Purnia Division, Purnia, District-Purnia. ---------- 02 03.12.2010 The petitioner had sought compassionate appointment. It was considered by the Compassionate Appointment Committee, who recommended appointment of petitioner on Class-III post as per his qualification instead he was given Class-IV appointment. Petitioner challenged this before this Court in C.W.J.C. No.684 of 1999 disposed of on 21.04.2000. This Court directed the authorities in view of the recommendation to issue necessary order for appointment of petitioner to Class-III post within two months. No further order was passed by this Court. In obedience thereof, the authorities then appointed the petitioner on Class-III post. By this writ petition, the grievance has made by the petitioner that for the period petitioner was made to work as Class-IV post he must be paid wages which are for Class-III post. Having heard the learned counsel, who tried to persuade this Court vehemently in view of the injustice done to the petitioner, in my view, the prayer cannot be acceded to. Petitioner, in fact, worked as Class-III employee for the said period. Petitioner did ventilate this grievance before this Court on earlier occasion. Petitioner ought to have sought this relief in that writ petition, that was - 2 - a consequential relief necessary to be prayed in those proceedings itself. Petitioner having not prayed nor received that relief in that writ petition cannot now seek the same by a separate writ petition. It is barred by principle of constructive res judicata. The writ petition, thus, merits no consideration and is dismissed as such. Trivedi/ (Navaniti Prasad Singh, J.)