Court No.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No.3831 of 2001 (Old No.2793 of 1999). Shashi Khant Sati S/0 Sri Baijram Sati, R/o Adarash Colony, Gopeshwar, District Chamoli. …………. Petitioner Versus 1. The District Homeopathic Officer (Sri Ramagya Singh), Chamoli at Gopeshwar, District- Chamoli 2. The Director, Homeopathic Service at Lucknow 3. The State of U.P through Secretary, Ministry of Health, U.P. at Lucknow. 4. The District Magistrate, Chamoli at Gopeshwar ……… Respondents Date: March 25, 2008 Hon’ble P.C.Verma,J Heard Sri Vipul Sharma, learned counsel for the petitioner and Sri H.M,. Raturi, learned Standing Counsel for the respondents/States. 2. The petitioner is claming salary for the post of Junior Clerk on the ground the District Magistrate has recommended for his appointment on the post of Junior Clerk but the District Homeopathic Officer demanded some bribe from him which he could not satisfy. Accordingly, he was appointed on Class-IV post. The appointment letter is on record which clearly shows that the petitioner was appointed on Class-IV post. The District Magistrate, Chamoli ought not have ordered and pressurized the District Homeopathic Officer to appoint the petitioner rather it was duty of the District Magistrate to have asked the District Homeopathic Officer to proceed in accordance with law to fill up the post and the candidature of the petitioner may also be considered. The District Homeopathic Officer being a petty officer under the threat of District Magistrate straight away appointed the petitioner on Class IV post. It is an appointment at dictate. The appointment letter is not under challenges; therefore I am not passing any order relating to the same. However, since the petitioner has never been a Clerk, therefore the relief claimed by him is misconceived. 3. The writ petition is dismissed. No order as to costs. (P.C.Verma,J.) 25.03.2008 P.Singh