IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1906 of 2006 KAPIL DEO PRASAD YADAV Versus THE STATE OF BIHAR & ORS ----------- 3 05.08.2008 Heard learned counsel for the petitioner and learned counsel for the State. After the death of the father of the petitioner who was an employee of the Zila Prishad, Madhepura, he has been given an appointment on Class-IV Post. Petitioner had joined the said Post and is working under the respondents. That was way back in the year 1990. Petitioner is not a happy soul because after having worked under the respondents for almost 18 years, now he feels, he should have been accommodated on Class-III post, which according to him was vacant at the relevant time. He wants a direction upon the respondents to now appoint him on Class-III post under the compassionate category. In the counter affidavit filed on behalf of the respondents they have denied the claim of the petitioner both on fact as well as law. They do not deny that the decision was taken by the Establishment Committee way back in the year 1988, but, then a decision was to offer employment to the petitioner on either Class- III Post or Class-IV Post. It is also asserted that employment to the compassionate kind is not a matter of right and more so, the petitioner does not have any law in support that he can be and should 2 be appointed only on Class-III Post. The Court need not expand and record the parameters under which such employments are offered. The claim of the petitioner who was appointed under the respondents way back in the year 1990, if allowed now would only mean granting him promotion to the next higher Post after offering him employment under compassionate category at such belated stage. There is no occasion, therefore, for this Court to now direct the respondents to accommodate the petitioner on a Class-III Post. This prayer or relief made on behalf of the petitioner is therefore rejected. The petitioner, thereafter submits that in any case he with his experience and education is being utilized by the respondents on a Class-III Post and he is entitled to claim higher remuneration for shouldering higher responsibility in this regard. The Court can only observe that, the prayer is not within the ambit of adjudication of the present writ application. If rules provide such claim or remunerations, he can claim so, or he can always opt out of the higher responsibility if he chooses to do so. The writ application is dismissed accordingly. Rajeev/ (Ajay Kumar Tripathi, J.)