IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.271 of 2010 1. SRI MUKESH KUMAR SINGH S/O LATE RAM NANDAN RAM R/O VILL- MASTUL BARUN, P.O. BARUN, P.S. BARUN, DISTT. AURANGABAD Versus 1. THE STATE OF BIHAR 2. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER AURANGABAD 3. THE IN-CHARGE MEDICAL OFFICER NABINAGAR, P.O.+P.S. NABINAGAR, DISTT. AURANGABAD ----------- 2 7.5.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner was appointed on compassionate ground on Class IV post, in the year 2004, since then he is continuously working on the post. His grievance is that the District Compassionate Committee, considering his qualification had recommended for his appointment on Class III post, but the D.S.E., ignoring the recommendation appointed him on Class IV post. The counsel for the petitioner submits that at that time vacancy was there on Class III post and even today vacancies are on this post. Petitioner’s grievance is that though appointed on Class IV posts, he is discharging the duty of Class III posts. This is being acknowledged by the 2 superior authority, but he is not being appointed on Class that still there is vacancy in Class III post. I find as a matter of right, petitioner could not have claimed for appointment on Class III post or any particular post. Once the petitioner has been appointed on Class IV post, he cannot ask for his appointment on Class III post, after six years of his appointment. He can be promoted on class III post, through internal limited examination from Class IV to Class III posts, as per rules and guidelines. No direction can be issued, for appointing the petitioner on Class III post. The writ application is dismissed. (Mridula Mishra,J.) A.Kumar