IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1354 of 2011 In Civil Writ Jurisdiction Case No. 1780 of 2008 ====================================================== Harendra Kumar, S/o Late Chandrika Singh, R/o Village - Shekhpura, P.S.- Barun, Distt.- Aurangabad (Bihar) .... .... Petitioner no. 5 … Appellant Versus 1. The State of Bihar 2. The District Magistrate, Aurangabad (Bihar) 3. The District Education Officer, Aurangabad 4. The District Superintendent of Education, Aurangabad (Bihar) … Respondents …. Respondents 5. Arvind Kumar Arun, S/o Late Shivdeo Yadav, R/o Village- Hasauti Tola, Raghunandan Bigha, P.O.- Kunda, P.S. + District- Aurangabad … Petitioner no. 1 / Appellant 6. Pushpendra Kumar, S/o Late Chandradeo Singh Yadav, R/o Village- Mahuabigha, P.S.- More, District- Aurangabad …Petitioner no. 2/Appellant 7. Dhananjay Paswan, S/o Late Ganesh Prasad Paswan, R/o Village + P.O. + P.S.- Madanpur, District- Aurangabad … Petitioner no. 3/Appellant 8. Mukesh Kumar, S/o Late Bishwanath Singh, R/o Village- Balikarma, P.S.- Jamhore, District- Aurangabad … Petitioner no. 4/Appellant 9. Purushottam Kumar Singh, S/o Late Bashisth Narayan Singh, R/o Village - Dnimani Khaira, P.S.-Kasma, District- Aurangabad … Petitioner no. 6/Appellant .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ram Chandra Prasad Bharti and Mr. Rana Ishwar Chandra, Advocates. For the Respondent/s : Mr. Rakesh Prabhat and Mr. Archana Prasad, AC to GP 19. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER Patna High Court LPA No.1354 of 2011 (4) dt.04-11-2011 2 / 3 2 (Per: HONOURABLE THE CHIEF JUSTICE) 4 04-11-2011 This Appeal under Clause 10 of the Letters Patent is preferred by one of the writ petitioners, the petitioner no. 5 in CWJC No. 1780 of 2008, against the order dated 26th November 2010 made by the learned single Judge insofar as the appellant has not been granted relief similar to the one granted to the petitioner no. 2. The matter at dispute is the compassionate employment in Class IV service offered to the appellant. The appellant accepted the said appointment. However, he lodged a claim for employment in Class III service on the basis of his educational qualification. The learned single Judge has dismissed the writ petition on the premise that the appellant did accept compassionate employment in Class IV service. Therefore, this Appeal. Learned Advocate Mr. Ram Chandra Prasad Bharti has appeared for the appellant. He has submitted that the appellant claims employment in Class III service on the principle of equality and not as a matter of right. LPA No. 90 of 2011 preferred against the impugned order by the other writ petitioners has been allowed on 5th July 2011 by a Division Bench of this Court. Although we are of the opinion that the compassionate employment cannot be claimed as a matter of right; the appellant having accepted employment in Class IV service, the claim for appointment in Class III service is not sustainable; with a view to maintaining comity, we follow suit. We grant liberty to the respondent authorities to consider the case of the appellant together with that of the Patna High Court LPA No.1354 of 2011 (4) dt.04-11-2011 3 / 3 3 respondent no. 6 for appointment to Class III post in case the appellant is found eligible and the post is available. We clarify that the decision will be final and binding to the appellant. In case the claim is rejected, such rejection shall not give rise to a fresh cause of action to the appellant. Appeal stands allowed in the above terms. Dilip. (R.M. Doshit, CJ) (Birendra Prasad Verma, J)