1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 4952 of 2010 Amit Arvindrao Barbuddhe VERSUS Chief Executive Officer, Z.P., Amravati and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. V. A. Kothale, Advocate for the petitioner Mr. J. B. Kasat, Advocate for the respondent no.1 Mr. P. D. Kothari, A.G.P. for respondent nos. 3. CORAM : SMT. VASANTI A. NAIK AND PRASANNA B. VARALE, JJ. DATE : 8th August, 2011. Heard the learned counsel for the parties. By this petition, the petitioner seeks a direction to the respondent no.1 to make appointment of the petitioner on a suitable available post in Class III category. The petitioner’s father was working as a Mistry Grade-I with the respondent no.1. He expired on 14.09.2004. The petitioner was given compassionate appointment in Class-IV category as an Attendant, on 24.10.2007. The petitioner accepted the appointment and when certain other persons were appointed in Class-III category by an order dated 17.06.2008, the petitioner filed the instant petition on 30.08.2010 seeking the aforesaid relief. 2 On hearing the learned counsel for the parties, it appears that the petitioner has no right whatsoever to claim compassionate appointment in Class-III category. The petitioner was appointed on compassionate ground in Class-IV category as early as on 24.10.2007. The petitioner accepted that appointment. Merely because some other persons were appointed in Class-III category by an order dated 17.06.2008, the petitioner is not justified in filing the writ petition in August, 2010, seeking appointment on a post in Class-III category. The reliance placed by the learned counsel for the petitioner on the Government Resolution dated 30.01.2010 is misplaced, more so because the petitioner was already appointed in Class-IV category in the year 2007. Since, there is no merit in the petition, the same is dismissed with no order as to costs. JUDGE JUDGE Diwale