IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3479 of 2007 HARENDRA PRASAD GUPTA, son of Shri Kamta Prasad Gupta, resident of Bhadwa Bazar, P.O. Bhadwa Bazar, PS Rafiganj, District – Aurangabad (Bihar)…….. Petitioner Versus 1. MADHYA BIHAR GRAMIN BANK through its Chairman cum Managing Director, Meena Plaza, Patna near Patna Museum, Patna 2. General Manager, Madhya Bihar Gramin Bank, Meena Plaza, Patna near Patna Museum, Patna 3. Branch Manager, Madhya Bihar Gramin Bank, Bhadwa Bazar, PS Rafiganj, Distt. Aurangabad 4. Madhya Bihar Gramin Bank Controlling Office, Aurangabad ……….. Respondents ----------- 02- 20.10.2008 Heard Mr. R K Sinha no. II for the petitioner, and Mr. R R Upadhyay for the respondents. The petitioner seeks a direction to the respondent Bank to regularize his service on a class IV post. The respondents have placed on record their counter affidavit. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears that the petitioner’s uncle is employed as a class IV employee in the respondent Bank. Taking the petitioner’s at its very best, he was occasionally deputized in place of his uncle in his office, and for which his uncle is paid. I am, therefore, unable to appreciate as to how and why this creates a right in favour of the petitioner to regularize his service. The petitioner at best worked occasionally to meet the exigencies of situation in place of his uncle. Allowing this writ petition would amount to creation of a post which is not permissible for this Court to do. Learned counsel for the respondents has rightly relied on the judgment of the Supreme Court in State of - 2 - Madhya Pradesh vs. Yogesh Chandra Dubey [ 2006(8) SCC 67]. 3. There is no merit in this writ petition. It is accordingly dismissed. ( S K Katriar ) mrl