IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11785 of 2010 ====================================================== 1. Sri Deo Nandan Kumar Paswan S/O Late Bishwanath Paswan R/O Vill.- Bishnupur, P.O. Pakariya, P.S. Pakariya, Distt.- Banka (Bihar) .... .... Petitioner/s Versus 1. The State Of Bihar, Through The Commissioner-Cum-Secretary, Minor Irrigation (Tubewell) Department, Bihar, Patna 2. The Deputy Secretary, Minor Irrigation (Tubewell) Department, Bihar, Patna 3. The Engineer-In-Chief, Tubewell Pravag, Minor Irrigation Department, Sheikhpura, Patna 4. The Superintending Engineer, Tubewell Circle, Bihar, Patna 5. The Executive Engineer, Tubewell Division, Bhagalpur .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Singh For the Respondent/s : Mr. (Sc20) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 2 22-11-2011 Heard learned counsel for the petitioner and the State. The petitioner is stated to have been appointed on a Class-4 post on compassionate grounds in the year-2003. In this writ application filed seven years later, the Court finds no merit to the extent that the petitioner seeks to claim a right for a Class-3 post in the garb of a promotion. A person appointed on compassionate grounds cannot seek further compassion for appointment on a post of his choice. To that extent the writ application is dismissed. The Court does uphold his submission that if there Patna High Court CWJC No.11785 of 2010 (2) dt.22-11-2011 2 is any promotional quota from Class-4 to Class-3 and the petitioner fulfils the requirements for consideration thereunder, it is an entirely different matter to be considered appropriately in accordance with law by the respondents. Krishna Chandra Jha/- (Navin Sinha, J)