IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18667 of 2009 1. MD. AFROZ ALAM S/O LATE GULAM MUSTAFA R/O MOH- VIDYAPURI, P.S. SUPAUL, DISTT. SUPAUL – Petitioner. Versus 1. THE STATE OF BIHAR, THROUGH THE SECRETARY DEPTT. OF RURAL DEVELOPMENT, RURAL ENGINEERING DEPTT., GOVT. OF BIHAR, PATNA 2. THE DEPUTY SECRETARY DEPTT. OF RURAL DEVELOPMENT, RURAL ENGINEERING DEPTT., GOVT. OF BIHAR, PATNA 3. THE SUPERINTENDING ENGINEER RURAL ENGINEERING DEPTT., WORK DIVISION-I, DISTT. SAHARSA 4. THE EXECUTIVE ENGINEER RURAL ENGINEERING DEPTT., WORK DIVISION-I, DISTT. SAHARSA 5. THE EXECUTIVE ENGINEER RURAL ENGINEERING DEPTT., WORK DIVISION-I, DISTT. SUPAUL – Respondents. ----------- 2 28.4.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner was appointed on compassionate ground on a Class IV post in the Department of Minor Irrigation Supaul in the year 1993. Since 1993 he has been working as a Class IV employee. The grievance of the petitioner is that although the District Compassionate Committee recommended that the petitioner be appointed on Class III post which was also up held by the District Magistrate, the petitioner received appointment letter appointing him on a Class IV post. Learned State counsel submits that at the time when the petitioner was appointed, there was no vacancy in Class III. The grievance of the petitioner is pending for the last twenty years. The petitioner has also filed a representation in the year 2008 for consideration for appointment on Class III post. I do not find any merit in the submissions made on behalf of the petitioner for the reason that the claim made by the 2 petitioner before this court is after a great delay. Moreover as per the Government policy the incumbent cannot claim as a matter of right appointment to a Class III post. It will be open to the petitioner to compete and get promotion to a Class III post. The petitioner has filed a representation. It will always be open to the respondent authorities either to allow or reject the representation. This court cannot pass any positive order in this matter as the claim raised by the petitioner is stale and has been raised after a great delay which has not been explained. This writ petition is, thus, dismissed. haque (Sheema Ali Khan, J.)