IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14646 of 2007 MANOJ KUMAR, S/O LATE GURUCHARAN SINGH, R/O VILLAGE-CHHANHA, POST OFFICE-BISHUNPUR, POLICE STATION-BHAGHAILA(NOKHA), DISTRICT- ROHTAS AT SASARAM. ………………………PETITIONER. Versus 1.THE STATE OF BIHAR. 2.THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3.THE DIRECTOR, SECONDARY EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4.THE DISTRICT COMPASSIONATE COMMITTEE ROHTAS, THROUGH ITS CHAIRMAN, DISTRICT MAGISTRATE, ROHTAS AT SASARAM. 5.THE DISTRICT MAGISTRATE CUM-COLLECTOR, ROHTAS AT SASARAM. 6.THE DEPUTY COLLECTOR ESTABLISHMENT, ROHTAS AT SASARAM. 7.THE DISTRICT EDUCATION OFFICER, ROHTAS AT SASARAM. 8.THE DISTRICT SUPERINTENDENT OF EDUCATION, ROHTAS AT SASARAM. ……………………RESPONDENTS. ----------- 02/ 08.04.2011 Heard counsel for the parties. Though the case of the petitioner was recommended for appointment against class-III post but then due to want of vacancy such appointment initially could not be made, subsequently it was found that the only vacant post for the petitioner was either of Prakhand Shikshak/Panchayat Shikshak. Accordingly, the respondents had sought for an option from the petitioner but the petitioner had insisted for being appointed on a fixed pay scale of clerk/teacher. It is well known that the post of Prakhand Shikshak/Panchayat Shikshak does not have any pay scale but only a fixed pay. Today Mr. Singh submits that nothing had stopped the respondents in making the appointment of the petitioner on any post that was available to them including the post of a Prakhand or Panchayat Teacher. That being so, this Court would now, direct the authorities to treat such stand of the learned counsel for the petitioner as consent of the petitioner and appoint him against any vacant sanctioned post of Prakhand Shikshak/Panchayat Shikshak within a period of three months from the date of receipt/production of a copy of this order. With the aforementioned observation and direction this application is disposed of. Ranjan (Mihir Kumar Jha,J)