IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.316 of 2002 SHEO SHANKAR PASWAN Versus THE STATE OF BIHAR & ORS ----------- 03 16.5.2008 Prayer of the petitioner in this application is to promote him on a class III post. It is stand of the petitioner that although he is holding the substantive post of a chainman, which is a class IV post, he being a member of the scheduled caste is entitled to be promoted to a class III post. His further assertion is that he has worked on a class III post several occasions but he has not been paid additional pay for that period. Accordingly, the prayer of the petitioner is to direct the respondents to promote him to a class III post and pay him additional pay for the period he worked on a class III post. Dr. M.P.Shukla, appears on behalf - 2 - of the petitioner. State is represented by Junior Counsel to Standing Counsel No.XVI. Simply because the petitioner is a member of the scheduled caste does not confer him the right to be promoted to a class III post. Needless to state that in case, the case of promotion of class IV employees are taken up, the case of the petitioner shall also be considered in accordance with law. As regards the payment of additional pay for the work done on a class III post, petitioner on his own showing had made representation before respondent no.4. Having heard learned Counsel for the party, I am of the opinion that the petitioner shall be well advised to represent before Respondent no.2 Chief Engineer, Rural Engineering - 3 - Organisation, Patna for the said purpose. Needless to state that in case petitioner makes representation within four weeks appropriate decision in accordance with law shall be taken within four months thereafter. It is made clear that I have not expressed any opinion in regard to the entitlement of the petitioner and that shall be decided by respondent no.2 in accordance with law. Application stands disposed off accordingly. (Chandramauli Kr.Prasad,J.) A.Kumar