IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10977 of 2006 AJIT KUMAR Son of Late Deo Nandan Rai, Resident of Village- Sota Chack, P.S.- Parsa Bazar, District- Patna. . . . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. The Collector cum Chairman, District Compensate Committee, Bihar, Patna. 3. The Secretary Road Construction Department, Visheswaraiya Bhawan, Beli Road Patna. 4. The Engineer-in-Chief-Cum-Additional Commissioner Cum-Special Secretary Road Construction Department, Visheshwaraiya Bhavan, Beli Road Patna. 5. The Chief Engineer (Mechanical) Wings, Road Construction Department, Visheshwaraiya Bhavan, Beli Road Patna. 6. The Superintending Engineer (Mechanical) Mechanical Circle, National High way, Visheshwaraiya Bhawan, Baily Road Patna. 7. The Executive Engineer (Mechanical) National Highway, Mechanical Planning Division near Airport, Patna. . . . . . . . Respondents. ----------- 4/ 13.11.2009 Heard learned counsel for the petitioner and the State. In the instant writ application, petitioner prays for direction to the respondents to make appointment on Class III post from Class IV post on the basis of recommendation made by the District Compassionate Committee, Bihar, Patna in its meeting dated 27.02.2006 corresponding to Memo no. 715 dated 06.03.2006, as contained in Annexure-9. The petitioner’s father namely Late Deo Nandan Rai was earlier employed as Truck Khalasi in the Work Charge Establishment of National Highway (Mechanical) Circle, Patna and subsequently his service was conferred on 10.12.1974 under regular establishment by the respondent State. Petitioner’s father died in harness on 15.12.2002. The District Compassionate Appointment Committee vide Annexure- - 2 - 9 made its recommendation for appointment of petitioner on compassionate ground and the name of petitioner figured at serial no. 26. It was stated therein that recommendation for appointment is being made on Class III post but in case post in above grade was not available then his appointment would be made on Class IV posts. Learned counsel submits that ignoring the recommendations, the respondent Chief Engineer, Road Construction Department issued appointment letter for Class IV post. He further submits that the petitioner had no alternative but to agree to join in Class IV post vide his application dated 24.05.2006 with protest also made therein. He submits that the appointment letter does not contain the averment that no class III post was available at that time. A counter affidavit has been filed on behalf of the State wherein in paragraph 20, it has been stated that the vacancy for direct recruitment on Class III post was not available and as such petitioner was appointed on Class IV post. It is further submitted that the available vacancies on class III posts are for recruitment by promotion on Class IV employees. It appears that petitioner has filed a detailed representation before the respondent no.3 Commissioner-cum-Secretary, Road Construction Department, as contained in Annexure-13 for redressal of his grievance. The respondent no. 3 would dispose of the representation of the petitioner within a period of four months from the date of receipt of a copy of this order. - 3 - With the aforesaid observation, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)