IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6251 of 2007 DEVA KUMAR son of Late Lakhan Prasad Singh, resident of village Jahana P.O.Bhanil P.S.Akbarpur, District Nawada, at present posted as Family Planning Worker at Primary Health Centre, Warsaliganj in the district of Nawada. Versus 1. THE STATE OF BIHAR through Civil Surgeon-cum-Chief Medical Officer, Nawada 2. The Chief Medical Officer-cum-Civil Surgeon,Nawada 3. The Chief Medical Officer-cum-Civil Surgeon,Muzaffarpur. 4. District Magistrate, cum-President of District Compassionate Committee, Muzaffarpur. ----------- 2 22.1.2009. Heard counsel for the petitioner. Prayer of the petitioner in this writ application is for a direction to the Chief Medical Officer-cum-Civil-Surgeon,Nawada respondent no.2 as well as respondent no.3 the Chief Medical Officer- cum- Civil Surgeon, Muzaffarpur to appoint the petitioner on Class III post of clerk on compassionate ground. Grievance of the petitioner was that his appointment on compassionate ground on the post of Family Planning Worker is discriminatory in nature as most of the candidates were appointed on compassionate ground on the post of Clerk. In paragraph 14,15 and 16 of the writ application, the petitioner in support of his statement regarding discrimination has given reference of different candidates who were appointed on the post of Clerk but petitioner was appointed on the post of Family Planning Worker. Counter affidavit has been filed on behalf of respondent no.1 and 2. In paragraph 12 of the counter affidavit in reply to the statement made in paragraph 14,15 and 16 of the writ application it has been stated that the respondent have no objection if 2 the petitioner is appointed on the post of Clerk in place of Family Planning Worker as both the posts are of Class III category. Counsel for the petitioner submits that since the respondents have not raised any objection in appointing the petitioner on the post of clerk in place of Family Planning Worker, this writ application be disposed of in the light of the statement made in paragraph 12 of the counter affidavit. Accordingly this writ application is being disposed of with a direction to the respondent nos.1 and 2 to appoint the petitioner on the post of Clerk in place of Family Planning Worker as averred in paragraph 12 of the counter affidavit. Specific order in this regard should be issued by the concerned respondent 1 and 2 within four weeks from the date of receipt/communication of this order. Sss/- (Mridula Mishra, J)