IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4441 of 2008 MOHAN KUMAR Versus THE STATE OF BIHAR & ORS ----------- 2. 06.04.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State. The petitioner was appointed on a Class IV post as a Peon on compassionate ground by order dated 30.12.2005. His claim is of eligibility for appointment on a Class III post as he holds Intermediate qualification. Learned Counsel submits that vacancies existed in Class III on the date of his appointment. The petitioner has a large family to look after and therefore augmentation of income by appointment on a Class III post was necessary. In 1996 ( 2 ) PLJR 199 (SC) (State of Bihar & others Vrs Samsuz Zoha etc.) the Supreme Court observed an unfortunate situation being created by orders of the High Court interfering with appointments made on compassionate grounds by the Government. Candidates were recommended for appointment on Class IV while vacancies existed in Class III. Some candidates approached the High Court (Ghidharya Devi Vrs State of Bihar), with a claim for appointment on Class III. The High Court directed such consideration. The Supreme Court held that appointment on compassionate grounds was not a vested right. The High Court could not give directions for such appointment on Class III posts merely because vacancies existed when appointment had already been given on Class IV post. The appeal was allowed and the order of this Court set aside. In 2007 ( 6 ) SCC 162 (.I.G. (Karmik) & ors Vrs Prahladmani Tripatrhi), compassionate appointment was granted on the post of Peon which was accepted. A claim was laid before the Tribunal for absorption on the post of Constable. Relying on State of Rajasthan Vrs Umrao Singh, (1994) 6 SCC 560, the Court observed that once the right of compassionate appointment was consummated, any further or subsequent consideration for higher post on the ground of compassion would not arise. In conclusion, it was held at Para 12 that having obtained appointment on a lower post he could not be permitted to turn round and contend that he was entitled for a higher post. The writ application stands dismissed. Snkumar/- (Navin Sinha,J.)