IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13059 of 2002 KAILASH PASWAN, SON OF LATE RAGHUNATH PASWAN, RESIDENT OF VILLAGE-SUNDARPUR NAYA TOLA, P.O.-LALBAGH, POLICE STATION-LALBAGH, DISTRICT-DARBHANGA. …………………………. PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HEALTH AND FAMILY PLANNING, GOVT. OF BIHAR. NEW SECRETARIAT, PATNA. 2. THE DIRECTOR, DESHI CHIKITSA, GOVT. OF BIHAR, PATNA. 3. THE DEPUTY DIRECTOR, DESHI CHIKITSA, GOVT. OF BIHAR, PATNA. 4. THE PRINCIPAL, RAJKIYA MAHARANI RAMESHWARI BHARTIYA CHIKITSA SANSTHAN, MOHANPUR, DARBHANGA. ………………………… RESPONDENTS ----------- 4 12/5/2009 Heard counsel for the petitioner and counsel for the State. In this writ application grievance of the petitioner is with regard to regularization of his services on vacant Class-III posts in the Rajkiya Maharani Rameshwari Bhartiya Chikitsa Sansthan, Mohanpur, Darbhanga. This Court would find no vested right of the petitioner can be there to be regularized on a particular Class-III post in a particular institution. Such institution is a Government institution and therefore all the benefit which the petitioner by virtue of Class-IV employee can be given is that in case appointment of Class-III employees would be made in future, the case of the petitioner will be also considered for appointment of Class-III post in terms of the Government decision which envisages for appointment on 25% vacant Class-III post from amongst the working employees against Class-IV employees. This Court is also not unmindful that in the case of ‘State of Karnataka Vs. Uma Devi’ it has been held that regularization cannot be mode of 2 appointment or regularization cannot become third mode of appointment apart from direct recruitment and/or promotion. As a matter of fact, any Class-IV employee working in a Government Institution seeking a Class-III post will have to undergo procedure known to law as framed by the Government wherein a limited competitive examination test for the eligible Class-IV employees having requisite qualification and experience has to be conducted and on the basis of seniority and eligibility such Class-III post have to be filled up. Admittedly, the petitioner by virtue of being an employee of a particular institution has not undergone that limited departmental test and therefore he cannot be appointed by way of regularization against a particular Class- III post. Counsel for the petitioner therefore having failed to satisfy this Court on the question of regularization would submit that the petitioner is admittedly discharging the duty of higher post of accountant from the year 1991 onwards on the orders of the competent authority, i.e, Principal of the College and as such his case should be considered for payment of salary of the post of a Class-III employee. This Court is not in a position to even decide this claim of the petitioner unless the competent authority would first examine the case of the petitioner on the parameters of Rule 103 of the Bihar Service Code to find that the petitioner would qualify for such payment. It however goes without saying that if the petitioner 3 has to be paid more than of his basic salary by way of allowance for doing the duty of higher post as accountant, it will be open for the Government to recover such amount from the Principal of the College who has issued such order in favour of the petitioner without proper authorization by the government. The petitioner, therefore, may file a representation limited to payment of the allowances for the work on the higher post and the Secretary of the Health Department will take a final decision in the said matter within a period of four months from the date of filing of such a representation by the petitioner. With the aforesaid observations and directions this application is finally disposed of. Abhay Kumar (Mihir Kumar Jha, J.)