IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6122 of 2010 1. HARERAM SINGH S/O SRI MAHENDRA SINGH R/O VILL BABHANGAMA, P.S.BIRPUR, DISTT-BEGUSARAI, AT PRESENT POSTED AS BLOCK AGRICULTURE OFFICER, PRESENTLY ON DEPUTATION ON THE POST OF WEIGHTS & MEASURES, SASARAM , SADAR Versus 1. THE STATE OF BIHAR 2. PRINCIPAL SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT BIHAR, PATNA 3. DEPUTY SECRETARY , DEPARTMENT OF RURAL DEVELOPMENT BIHAR, PATNA 4. DIRECTOR, AGRICULTURE GOVERNMENT OF BIHAR, PATNA 5. PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE AND LAND REFORMS GOVERNMENT OF BIHAR, PATNA 6. DISTRICT MAGISTRATE SASARAM(ROHTAS) ----------- 4/ 26/08/2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was appointed as a village extension worker promoted as a Block Agriculture Officer deputed as a Weights and Measures Inspector. On 6.2.2010 an advertisement was published for appointment of the B.D.O’s and which did not include a Circle Officer. The petitioner being in the Agriculture Department was eligible under the advertisement to apply for the post of a Block Agriculture Officer. The petitioner was, however, considered and posted as a Circle Officer to which he objected. His representation remained pending when he was directed to be relieved on 3.4.2010. Interim orders were passed by this Court on 16.4.2010. The counter affidavit of the respondents states - 2 - that the change took place because of the needs of the Government. If there was a specific advertisement and the advertisement did not reserve the right to make any changes in the postings as per the need of the Government, this Court finds it difficult to allow the respondents to publish and invite applications for one post and after consideration post the applicant on another post which is not acceptable to the employee. The advertisement was an invitation. The petitioner responded to the same. The contract was to be for the post advertised and none other. This Court therefore holds that the petitioner is under no compulsion to join as a Circle Officer in pursuance of the aforesaid advertisement and he continues to be an Inspector, Weights and Measures Department in the Department of Agriculture. The application stands disposed. KC ( Navin Sinha, J.)