IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12350 of 2010 1. SURENDRA CHOUDHARY S/O LATE RAMREKHA CHOUDHARY R/O VILL.- KUSHAHI, P.O. & P.S.- KARGHAR, DISTT.- ROHTAS Versus 1. THE STATE OF BIHAR, THROUGH THE HOME SECRETARY, GOVT. OF BIHAR, PATNA 2. THE DISTRICT MAGISTRATE, ROHTAS 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, ROHTAS AT SASARAM 4. THE BLOCK EDUCATION EXTENSION OFFICER-CUM- SECRETARY, TEACHER APPOINTMENT COMMITTEE, KARGAHAR, DISTT.- SASARAM ----------- 2. 29.03.2011 This Court fails to understand the logic or the service jurisprudence based on which the petitioner is asserting his right for payment of salary on a Class –III post, different from the pay scale which is given to a Panchayat Teacher. He was appointed way back on 16.3.2007 in the Compassionate Appointment Category and has been working as such. Since an employee is entitled to the pay scale of the post which he holds, there cannot be any direction for payment of pay scale contrary to the post, on which the petitioner is working. Merely because District Compassionate Appointment Committee had made a recommendation for appointment of the petitioner on a Class-III post but no appointment came to be made in absence of, post and the policy of the 2 State in this regard. Writ has no merit. No direction as such in favour of the petitioner can be given in this circumstances noted above. Accordingly, this writ application is dismissed. Devendra/ ( Ajay Kumar Tripathi, J.)