IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15714 of 2006 Ram Kumar, son of late Bishwanath Roy, Resident of Village Maricha, P.S. Tajpur, District Samastipur.............Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Samastipur 3. The District Education Officer, Samastipur 4. The District Superintendent of Education, Samastipur........Respondents ------- For the Petitioner: Mr. Rajiv Kumar Singh, Advocate For the State: Mr. S.B. Kumar, S.C. No.16 3 02.07.2010 Heard learned counsel for the petitioner and learned counsel for the State. In this writ application, petitioner has prayed for a direction to the respondent- authorities to consider his case for appointment on compassionate ground on a post of Class III instead of Class IV post. Learned counsel for the petitioner submits that in the proceeding of the District Compassionate Appointment Committee dated 31.05.2005, petitioner’s case was found fit for appointment on the post carrying the pay-scale of Rs.2550-3200 whereas some other persons, particularly, person at serial no.33 and others were appointed on the post of Class III in the pay-scale of Rs.3050-4500. He submits that thus, petitioner was appointed on class IV post whereas - 2 - others were appointed on class III post which was discriminatory. He also submits that person at serial no.68 was initially appointed on a class IV post but later on, he was shifted to class III post. He has drawn the attention of this Court to the pleadings made in paragraph 16 of the writ application in this regard. He submits that petitioner has also acquired the qualification of Intermediate and, therefore, his case was fit to be considered for appointment on class III post. However, upon query from this Court, he admits that on the date of consideration of his case by the District Compassionate Appointment Committee, petitioner was simply matriculate. The proceeding of the Committee shows that persons having higher qualification than matriculate were appointed in higher pay-scale on class III post whereas persons having lesser qualification were appointed in lower pay-scale on class post IV post. From the proceeding there does not appear to be discrimination made in the criteria adopted by the Compassionate Appointment Committee. So far as person at serial no.68 is concerned, respondents have specifically answered - 3 - the pleading made in paragraph 16 of the writ application in paragraph 6 of the counter affidavit where it is stated that the said candidate was Diploma in Engineering but the same was not noticed by the Compassionate Appointment Committee at the time of consideration of his case and, therefore, by mistake, he was appointed on class IV post. The said candidate objected to it and records were verified and it was found that he was holding a degree of Diploma in Engineering from before and, therefore, he was shifted to class III post. Petitioner has already joined class IV post and is in service. There is nothing on record to show that petitioner has been subjected to any hostile discrimination in consideration of his case for appointment on compassionate ground and as discussed earlier, petitioner has failed to make out a case of hostile discrimination by the Compassionate Appointment Committee. Therefore, the writ application is dismissed. However, petitioner, if so advised, may seek a fresh claim before the respondents for his promotion. B.T (J. N. Singh, J.)