IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15264 of 2010 1. RETURAJ PRABHAKAR S/O SRI KRISHNA PRASAD R/O NEAR R.B. JALLAN COLLEGE, BELA, P.S.UNIVERSITY THANA, DISTT- DARBHANGA----------------------------------PETITIONER Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCE DEVELOPMENT BIHAR, PATNA 2. THE COLLECTOR CUM CHAIRMAN DISTRICT COMPASSIONATE COMMITTEE DARBHANGA 3. THE DISTRICT EDUCATION OFFICER DARBHANGA--RESPONDENTS ----------- 2 28.4.2011 Heard learned counsel for the parties. Petitioner was appointed on Class IV post after the death of his mother who was working as an assistant teacher. She passed away sometime in the year 2000 and thereafter a claim for appointment on compassionate ground was made by the petitioner. The respondent authority considered the matter and offered him appointment on a Class IV post. Petitioner joined the said post on 10.6.2005 and was happy enough working on that post till he learnt about a decision rendered in the case of Md. Shamim Ahmad which was CWJC No. 12314 of 2001 decided on 25.4.2008. In the said case based on the facts a direction was given to the respondents to consider offering a Class III post to him instead of Class IV. The said order has been annexed as annexure-3 to the writ application. Claim of the petitioner has been rejected or was refused to be reconsidered because the stand of the State is that the petitioner joined the post without any objection and without any dispute with regard to his entitlement. He has worked in that capacity for many a years and even the circular which has been annexed along with the counter affidavit as annexure-A does not - 2 - provide for reconsideration of such appointment at a later date because the right of appointment in compassionate category is not a method or methodology of upgradation to a post. The only reason behind compassionate appointment was to provide immediate financial relief to the deceased family. The stand of the State does not seem to be unreasonable. The Court is of the opinion that this writ application has been filed in the year 2010 after the petitioner has worked in his capacity as a government servant for more than five years without any ifs and buts. The writ in the above mentioned circumstance needs no indulgence. There is no merit in this writ application and it is dismissed. RPS (Ajay Kumar Tripathi,J.)