IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1153 of 2005 RAM BAHADUR PRASAD, son of Sri Chandeshwar Prasad, resident of village – Kharnag, P O – Jaiyatpur Kurua, Via – Kako, District – Jehanabad at present of mohalla – Makhdumpur, P S – Digha, District – Patna. .................... Petitioner Versus 1. THE STATE OF BIHAR. 2. Bihar Sub-ordinate Service Commission, Bihar, Patna, through its Secretary, P.O. Veterinary College, District – Patna. .......................... Respondents ----------- 03. 16.08.2010 Petitioner is working on the post of Belan Khalasi in the work charge establishment. Not disputed that he was working in that capacity since 1981. He got enthused by an advertisement no.1/2003 which was to fill up certain Class-III posts on the basis of a limited competitive examination. Submission of the counsel is that in terms of the advertisement any government servant who has put in five years of service is eligible for such consideration. Non consideration of the case of the petitioner would be in breach of such an advertisement and violative of Articles 14 and 16 of the Constitution of India. It is not denied by the learned counsel for the petitioner that the petitioner is still working in the work charge establishment and has not been made permanent. The advertisement which has been issued by the respondents is to fill up the post from such employees who are on permanent rolls of the departments and is not available to such employees who are working in a work charge establishment and have not been conferred permanency. No right accrues in favour of the petitioner by virtue of such status. The clause of ‘5 years of service’ 2 will have to be read to mean for such persons who are otherwise on permanent rolls of the departments where they are working and not for the casual employees like the petitioner. The writ application is dismissed. rkp ( Ajay Kumar Tripathi, J.)