IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6821 of 2003 Shambhu Kumar, Son of Basudeo Prasad, Resident of Mohalla Shyam Nagar, Jehanabad Station, P.S. Jehanabad, Distt. Jehanabad. --------- Petitioner Versus 1. The State of Bihar through Collector, Jehanabad. 2. The Civil Surgeon-cum-Chief Medical Officer, Jehanabad cum Arbal. --------- Respondents ----------- 5 19.08.2010 No one appears on behalf of the petitioner. Counsel for the State is present. The prayer of the petitioner in this writ application reads as follows:- “1(i) For quashing the order notification No. 788/Jehanabad dt. 21.6.2003 (Annexure-6) of Civil Surgeon-cum-Chief Medical Officer, Jehanabad cum Arwal (Respondent no.2), wherein the petitioner has been reverted to the post of Health Worker from the post of Health Educator on which he was initiating appointed on compassionate grounds. (ii) To command the respondents to place the respondents to place the petitioner on the post of Health Educator on which he was initially appointed and grant him other consequential benefit. (iii) To further command and hold that respondent no.2, Civil Surgeon cum Chief Medical Officer, Jehanabad cum Arwal, who was the appointing authority in not empowered to revert the 2 petitioner to Health Worker from the post of Health Educator, who has worked for more than 12 years.” The aforementioned impugned order dated 21.6.2003, being quite specific as with regard to the appointment of the petitioner on compassionate appointment on a post of Health Educator, a state cadre post beyond the competence of Civil Surgeon, would not have been allowed to be continued and consequently the order passed by the authority holding the appointment of the petitioner on a state cadre post by the Civil Surgeon to be bad, cannot be held to vitiated in any manner. It has to be noted that before passing of the impugned order, the Civil Surgeon had not only complied the principle of natural justice but had also given an effective opportunity of hearing to the petitioner and in the show-cause reply filed by the petitioner, Annexure-5, there is nothing which could have gone to justify the appointment of the petitioner on the post of Health Educator. Consequently, this Court would not find any error in relegating the petitioner 3 to a district cadre post of Basic Health Worker pay-scale of Rs. 3050-4590/- by way of his compassionate appointment. It is well settled that the person claiming compassionate appointment does not have a right to a particular post and in fact, all that he is eligible is to get a source of livelihood for maintaining himself and other members of the family of the deceased employee. That being so, this Court would not find any merit in this writ application and the same is hereby dismissed. Rsh (Mihir Kumar Jha, J.)