IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13670 of 2003 SHEO DAYAL THAKUR . Versus THE STATE OF BIHAR & ORS . ----------- 5. 9.2.2010 Heard learned counsel for the petitioner and the State. The conditional promotion granted to the petitioner from Grade-IV to Grade-III on 30.7.1978 was revoked on 16.11.1979, when approval was not forthcoming. His subsequent promotion on 30.1.1990 then came to be cancelled on 6.2.1992, as not having been done in accordance with the procedure for selection with regard to 25% posts reserved for promotion from Class-IV to Class-III. The petitioner appears to have questioned the same in C.W.J.C. No. 1742 of 1992, unsuccessfully. Learned counsel for the petitioner submits that notwithstanding the order dated 6.2.1992, the authorities continued to take the work of a Class-III post from him and therefore he is entitled to salary for the same. Once this Court declined to interfere with the order cancelling his promotion to Class-III post on 6.2.1992, the right to receive salary for a Class-III post automatically came to an end. 2 If for any reason, contrary to law, the petitioner has been discharging the duties of a Class-III post, without making any further observation of this aspect, this Court holds that salary is a statutory right to which the employee is entitled in accordance with the post he holds only. The petitioner not holding a Class-III post in law is not entitled to any salary for that post. The writ application stands dismissed. P. Kumar (Navin Sinha, J.)