IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1780 of 2008 1.Arvind Kumar Arun, S/O Late Shivdeo Yadav, resident of village Hasauti Tola, Raghunandan Bigha, P.O. Kunda, P.S. + District- Aurangabad 2.Pushpendra Kumar, S/O Late Chandradeo Singh Yadav, resident of village Mahuabigha, P.S. More, District- Aurangabad 3.Dhananjay Paswan, S/O Late Ganesh Prasad Paswan, resident of vill+P.O.+P.S. Madanpur, District- Aurangabad 4.Mukesh Kumar, S/O Late Bishwanath Singh, resident of village Balikarma, P.S. Jamhore, District- Aurangabad 5.Harendra Kumar, S/O Late Chandrika Singh, resident of village Shekhpura, P.S. Barun, District- Aurangabad 6.Purushottam Kumar Singh, S/O Late Bashisth Narayan Singh, resident of village Dhamani Khaira, P.S. Kasma, District- Aurangabad ………… Petitioners Versus 1.The State Of Bihar 2.The District Magistrate, Aurangabad 3.The District Education Officer, Aurangabad 4.The District Superintendent of Education, Aurangabad ………… Respondents ----------- 4. 26/11/2010 Petitioners have filed this writ application for a direction to the respondents to consider their cases for appointment on compassionate grounds against Class III posts. It is the case of the petitioners that they were recommended for appointment on compassionate grounds against Class IV posts. However, since they were having requisite qualifications for Class III posts, they should have been considered for appointment against Class III posts. 2 From the pleadings on record, it appears that petitioner nos.1 and 3 to 6 have already joined their posts in Class IV. Once having joined, no right survives with them to claim their appointment on compassionate grounds against Class III posts. Therefore, the writ application in their respect is dismissed. However, there is pleading in the supplementary affidavit filed on behalf of the petitioner that petitioner no.2 has not joined and has filed his protest. If that pleading on behalf of petitioner no.2 is correct on facts, respondents shall consider the case of petitioner no.2 in accordance with law considering the availability of Class III posts, seniority and preference as may apply in respect of appointees on compassionate grounds. It is expected that the case of petitioner no.2 shall be considered in the next meeting of the District Compassionate Committee. The writ application in respect of petitioner no.2 is disposed of. Pradeep/ ( J. N. Singh,J.)