IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10063 of 2006 GHOFRAN AHMAD Versus THE CHAIRMAN,B.S.E.B.& ORS ----------- 03 25.08.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has not made out a case for a direction upon the respondents for giving promotion in the skilled category on a class III post for reasons stated hereinafter. Petitioner was appointed as an unskilled Khalashi initially on daily wages and subsequently regularized on the said post. But, now he wants promotion to the post of correspondence clerk based on educational qualification which he has and the so called responsibilities which has been entrusted upon by his superiors as alleged by him. In the counter affidavit, the respondents have denied the claim of the petitioner to be totally misplaced and not based on any law, rule or circular in this regard. According to them, even the statement that there is a kind of discrimination has been denied. In paragraph No. 11 of the counter affidavit, the stand of the counsel for the petitioner is that the persons named therein have come to be appointed as Junior Account 2 Clerk/Bill Clerk based on the examination held and therein qualifying in the written test and interview. Petitioner has never participated in any of these examinations/interview. The petitioner thereafter submits that looking at the fact that for a long period of time he is made to work as correspondence clerk, he is entitled to higher pay and allowances. There was no clear evidence to show that the petitioner is working on the post so claimed. If the petitioner can satisfy the respondents concerned that he is shouldering a higher responsibility then if the rule so permit he may have a claim for higher emoluments for shouldering a higher responsibilities. For that the petitioner will have to approach the competent authority and bring sufficient material before them to establish his right. This prayer of the petitioner too cannot be accepted on the present material available on record. The writ application is disposed of with liberty to the petitioner, if he so decides, to approach respondents for allowance for shouldering higher responsibilities. Sym/ (Ajay Kumar Tripathi, J.)