IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5115 of 2009 Md. Ashraf Khan, son of Late Md. Aziz Khan, resident of Mohalla- Mathiya Zirat, P.S.- Chitawani, District- East Champaran. .... Petitioner. Versus 1. The State of Bihar. 2. The Secretary, Ruler Works Department, Nirman Bhawan, Bailey Road, Bihar, Patna. 3. The Engineer-in-Chief, Ruler Works Department, Nirman Bhavan, Beli Road, Patna. 4. The Chief Engineer, Ruler Works Department, Nirman Bhavan, Beli Road, Patna. 5. The Superintending Engineer, Ruler Works Department, Works Circle, Bettia, West Champaran. 6. The Executive Engineer, Ruler Works Department, Works Division, Bettiah, West Champaran. 7. Shyam Kishore Sinha, son of not known, Accounts Clerk in the office of Executive Engineer, Ruler Works Department, Works Division, Motihari, East Champaran. 8. Mahesh Prasad Shrivastava, son of not known, Accounts Clerk in the office of Assistant, Ruler Works Department, Sub- Division, Raxaul, East Champaran. 9. Moti Lal Ram, son of not known, Accounts Clerk in the office of Executive Engineer, Ruler Works Department, Works Division, Bettia, West Champaran. ... Respondents. ----------- 02- 27.4.2009 Heard Mr. Vijay Shankar Shrivastava for the petitioner, and Mr. Braj Kishore Prasad Sinha, learned Government Pleader No.3. The petitioner seeks a direction to the respondent authorities to convert his position from Correspondence Clerk to that of Accounts Clerk. 2. According to the writ petition, the petitioner claims to have been appointed as 2 Correspondence Clerk by order bearing Memo No.458, dated 31.10.2001 (Annexure-1), paragraph 6 of which may be reproduced hereinbelow for the facility of quick reference: “ ;g fu;qfDr LFkkiuk lfefr ds vuqeksnu ds izR;k’kk esa dh tk jgh gS @ LFkkiuk lfefr dh vxyh cSBd es vuqeksnu gksus ds i’pkr gh buds osru bR;kfn dk Hkqxrku fd;k tk;sxk@ dz0 vuqdaik ds vk/kkj ij fu;qDr deZpkjh dk uke ,oa irk inuke ;ksxnku gsrq fjDr in dk uke ,oa LFkku 1& 2& Jh izeksn dqekj, is0 Lo0 lR; uk0 egrks, xzk0- yNukSrk, iks0& /kukSjk, Fkkuk& lkBh, ftyk& i0 pEikj.k egEen vljQ [kak, is0 Lo0 vtht [kak, efB;k ftjkr, [kksnkuxj,eksfrgkjh dfu; ys[kk fyfid i=kpkj fyfid xzk0 v0 la0 dk;Z izeMy csfr;k varxZr fjDr duh; ys[kk fyfid ds in ij @ xzk0 v0 la0 dk;Z izeaMy eksfrgkjh varxZr fjDr i=kpkj fyfid ds in ij@ 3. The petitioner claims to have joined the service as a Correspondence Clerk. The respondent authorities thereafter issued order bearing letter No.1028, dated 9.8.2008 (Annexure- 4), wherein it is stated that the cases of eligible persons functioning as Correspondence Clerk may be considered by change of their status to that of Accounts Clerk provided such candidates 3 complete essential requirements mentioned therein. For example, fulfillment of basic educational qualification, passing of the accounts examination etc. The petitioner raises a grievance before this Court that he has satisfied the minimum requirement as per the aforesaid communication dated 9.8.2008 (Annexure-4), notwithstanding which his claim is being ignored. 4. Relying on paragraph 6 of the order of appointment (Annexure-1), the learned Government Pleader rightly submits that the very basis of the petitioner’s appointment seems to be doubtful. The materials on record do not suggest whether or not the petitioner has been appointed on compassionate ground, dispensing with the advertisement and wide publicity of the post, and that the District Establishment Committee had accorded approval to the petitioner’s appointment. In that view of the matter, it is not possible to grant any relief to the petitioner. 5. The writ petition is dismissed. (S K Katriar, J.) S.K.Pathak/