Chowkidars challenged termination of hereditary appointments. The court disposed of their petitions under the Division Bench ruling requiring advertised recruitment. It also refused separate compassionate-appointment and daily-wage regularization claims, and rejected an amendment seeking to alter commencement of the 2015 Rules.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 2792 of 2016
… … Respondents With W.P.(S) No. 2316 of 2016
Miten Mahali, son of Sri Chhutu Lal Mahali
… … Petitioner Versus
W.P.(S) No. 2345 of 2016
Sikandra Roy, son of Sri Hari Narayan Roy
… … Petitioner
With W.P.(S) No. 2375 of 2016
Vikash Digar, son of Kamal Digar … … Petitioner Versus
2
… … Respondents With W.P.(S) No. 2404 of 2016
Bibhuti Bhushan Rajwar, son of Nepal Rajwar
… … Petitioner
… … Respondents
With
W.P.(S). No.2425 of 2016
Prakash Mahto, son of late Nand Ram Mahto
… … Petitioner
Versus
… … Respondents
With
W.P.(S) No. 2482 of 2016
Janardan Mahto, son of Rasu Mahto … … Petitioner
With
W.P.(S) No. 2511 of 2016
Hemant Pramanik, son of Shri Manohar Pramanik
3
With W.P.(S) No. 2724 of 2016
Versus
With
W.P.(S) No. 2779 of 2016
Santosh Rajbanshi, s/o Sambhu Rajbanshi … … Petitioner
Versus
With
W.P.(S) No. 2780 of 2016
Uttam Rajbanshi, S/o Sri Anil Rajbanshi … … Petitioner
Versus
With
W.P.(S) No. 2794 of 2016
Samir Rajbanshi, S/o Sri Nandan Rajbanshi … … Petitioner
Versus
4
With
W.P.(S) No. 2795 of 2016
Arun Kumar Sarkar, S/o Tarapado Rajbansi
With
W.P.(S) No. 2796 of 2016
Atikar Rajwansi, S/o Sri Gautam Rajwansi …
With
W.P.(S) No. 2797 of 2016
Suktu Rajwar, S/o Sri Bhudhan Rajwar
… … Petitioner
With
W.P.(S) No. 2798 of 2016
Sunil Mal, S/o Umesh Mal … … Petitioner
With
W.P.(S) No. 2799 of 2016
Bimal Mal, S/o Late Haru Mal … … Petitioner
Versus
5
W.P.(S) No. 2802 of 2016
W.P.(S) No. 2803 of 2016
W.P.(S) No.2861 of 2016
6
Versus
… … Respondents
With
W.P.(S) No. 2889 of 2016
Versus
… … Respondents
With
W.P.(S) No. 2987 of 2016
Ajay Kumar Paswan, son of Shri Fauji Lal Paswan
… … Petitioner
Versus
With
7
W.P.(S) No. 2988 of 2016
Versus
With
W.P.(S) No. 3129 of 2016
With
W.P.(S) No. 3180 of 2016
Hiralal Rai, son of Teklal Rai
… … Petitioners Versus 1. The State of Jharkhand,
8
4. The Superintendent of Police, Deoghar.
… … Respondents With
W.P.(S) No. 3187 of 2016
With
W.P.(S) No. 3198 of 2016
Versus
With
W.P.(S) No. 3201 of 2016
Ghanshyam Bauri, son of Baleshwar Bauri
… … Petitioner
Versus
… … Respondents With
W.P.(S) No. 3202 of 2016
9
With W.P.(S) No. 3206 of 2016
With
W. P. (S) No. 3207 of 2016
Vakil Mirdha, Son of Matar Mirdha … … Petitioner
10
Versus
With
W. P. (S) No. 3212 of 2016
Santosh Turi, Son of Madan Mirdha
… … Petitioner
Versus
… … Respondents
With
W. P. (S) No. 3219 of 2016
Vijay Kumar Rawani, Son of Ram Bali Rawani
… … Petitioner
Versus
With
W. P. (S) No. 3226 of 2016
Suresh Kumar Rawani, Son of Raju Rawani
11
With
W. P. (S) No. 3232 of 2016
Kishore Mandal, son of Harilal Mandal … … Petitioner Versus
With
W. P. (S) No. 3268 of 2016
With
W. P. (S) No. 3297 of 2016
12
With
W. P. (S) No. 3444 of 2016
With
W. P. (S) No. 3451 of 2016
… … Petitioners
13
With
W. P. (S) No. 3551 of 2016
Rajesh Kumar Rai son of Dubraj Rai
… … Petitioner
With
W. P. (S) No. 3552 of 2016
Arun Rajak son of Naresh Rajak … … Petitioner
Versus
With
W. P. (S) No. 3553 of 2016
Nand Kishore Rai, Son of Bhatu Rai … … Petitioner Versus
14
With
W. P. (S) No. 3554 of 2016
Lakhan Rawani, son of Laxmi Rawani
With
W. P. (S) No. 3555 of 2016
Santosh Turi, son of Baidyanath Turi … … Petitioner
With
W. P. (S) No. 3556 of 2016
Bundlal Turi, son of Sarju Mirdha … … Petitioner Versus
With
W. P. (S) No. 3557 of 2016
Rinku Mirdha, Son of Late Dalit Mirdha
… … Petitioner Versus
15
With
W. P. (S) No. 3558 of 2016
Manoj Kumar, son of Gauno Mahto @ Gauno Prasad Mahto
… … Petitioner
Versus
With
W. P. (S) No. 3559 of 2016
Niranjan Kumar Sinha, son of Nawal Kishore Prasad
With
W. P. (S) No. 3560 of 2016
Manohar Mahto, son of Sitaram Mahto … … Petitioner Versus
16
With
W. P. (S) No. 3561 of 2016
Pawan Rawani son of Ganesh Rawani
… … Respondents
With
W. P. (S) No. 3562 of 2016
Uttam Kumar Rawani, Son of Arun Rawani
With
W.P.(S) No. 3563 of 2016
With
W.P.(S) No. 3568 of 2016
17
With
W.P.(S) No. 3694 of 2016
Pappu Paswan son of Late Chintamani Paswan … … Petitioner Versus
With
W.P.(S) No. 4089 of 2016
1.Ashraf Ansari, son of Sri Nayum Hussain
W.P.(S) No. 4352 of 2016
Raju Napit, son of Jhadu Napit … … Petitioner Versus
W.P.(S) No. 5035 of 2016
18
With
W.P.(S) No. 5068 of 2016
With W.P.(S) No. 5561 of 2016
W.P.(S) No. 5574 of 2016
19
… … Petitioners
Versus
W.P.(S) No. 5641 of 2016
… … Petitioners
Versus
… … Respondents
With W.P.(S) No. 6317 of 2016
… … Petitioners
… … Respondents
With
W.P.(S) No. 6318 of 2016
20
| 5. Arshu Ansari, son of Sri Gafur Ansari 6. Lalan Ram, son of Sri Ram Narayan Dusadh 7. Nandeshwar Ram, son of Sri Rovan Ram … … Petitioners Versus |
|---|
| 1. The State of Jharkhand 2. Chief Secretary, Government of Jharkhand, Ranchi, Jharkhand 3. Home Secretary, Government of Jharkhand, Ranchi, Jharkhand 4. Director General-cum-Inspector General of Police, Jharkhand Ranchi, Jharkhand |
| 5. Deputy Commissioner, Garhwa, Jharkhand … … Respondents With W.P.(S) No. 6493 of 2016 |
| Sahay Masih Kandulna, son of Shri Marcus Munda … … Petitioner Versus 1. The State of Jharkhand |
| 2. The Principal Secretary, Home Department, Government of Jharkhand, Ranchi |
| 3. The District Magistrate-cum-Deputy Commissioner, West Singhbhum, Chaibasa, District Singhbhum West … … Respondents With W.P.(S) No. 6738 of 2016 |
| Khela Hansda, Son of Late Durga Hansda … … Petitioner Versus 1. The State of Jharkhand |
| 2. The Secretary, Home, Government of Jharkhand, Ranchi, Jharkhand |
| 3. The Deputy Commissioner, Godda. 4. The Superintendent of Police, Godda |
5. The Circle Officer, Boarijore, District- Godda 6. The Officer-in-Charge, Boarijore, District- Godda … … Respondents With W.P.(S) No. 6959 of 2016 |
| Ratan Madaiya, S/o. Jogesh Madaiya … … Petitioner Versus |
| 1. The State of Jharkhand through its Chief Secretary, District:- Ranchi, State: Jharkhand |
| 2. The Secretary, Department of Home Affairs, Government of Jharkhand, District:- Ranchi, State: Jharkhand |
| 3. The Deputy Commissioner, Pakur, District:- Pakur, Jharkhand … … Respondents |
21
With
W.P.(S) No. 6960 of 2016
| Pariksh Rajbanshi S/o. Shibu Rajbanshi … … |
Petitioner |
|---|---|
| Versus | |
| 1. The State of Jharkhand through its Chief Secre Ranchi, State: Jharkhand |
tary, District:- |
| 2. The Secretary, Department of Home Affairs, Jharkhand, District:- Ranchi, State: Jharkhand 3. The Deputy Commissioner, Pakur, District:- Pakur, … … With W.P.(S) No. 7139 of 2016 |
Government of Jharkhand Respondents |
| Lalan Kumar Bagti son of Amar Kumar Bagti … … Versus |
Petitioner |
| 1. The State of Jharkhand 2. The Principal Secretary, Department of Home, Jhar District Ranchi. |
khand, Ranchi, |
| 3. The Deputy Commissioner, Dumka | |
| 4. The Superintendent of Police, Dumka 5. The Sub-Divisional Officer, Dumka |
|
| 6. The Circle Officer, Ranishwar, District Dumka … … With W.P.(S) No. 7304 of 2016 |
Respondents |
| Arjun Mal, Son of Late Satish Mal … … Versus |
Petitioner |
| 1. The State of Jharkhand | |
| 2. The Deputy Commissioner, Pakur, | |
| 3. The Sub-Divisional Officer, Pakur 4. The Circle Officer, Pakur … … With W.P.(S) No. 7328 of 2016 |
Respondents |
| Sahdev Yadav, son of late Vishu Yadav … … Versus |
Petitioner |
| 1. The State of Jharkhand | |
| 2. Director General of Police, Jharkhand, District- Ran | chi. |
3. Deputy Commissioner, Chatra |
|
4. The Superintendent of Police, Chatra |
|
| 5. The Deputy Development Commissioner, Chatra | |
| 6. The Sub-Divisional Officer, Chatra | |
| 7. The District Superintendent of Education, Chatra | |
| 8. The Officer-in Charge, Hunterganj, District- Chatra … … |
Respondents |
With
W.P.(S) No. 977 of 2018
22
With
W.P.(S) No. 1068 of 2018
… … Petitioners
Versus
W.P.(S) No. 1471 of 2018
Luthar Lakra, Son of Late Phoolchand Lakra
… … Petitioner
Versus
With
W.P.(S) No. 1526 of 2018
Chonhati Dungdung, Wife of Late Josef Dungdung
… … Petitioner
Versus
23
… … Respondents
With
W.P.(S) No. 1535 of 2018
Ram Prasad Turi, son of Sri Bahadur Turi
… … Petitioner
With
W.P.(S) No. 1712 of 2018
… … Petitioners Versus
With
W.P.(S) No. 4358 of 2018
Abbas Ansari, son of Kalim Ansari
… … Petitioner
Versus
… … Respondents
With
W.P.(S) No. 4947 of 2019
24
With
W.P.(S) No. 2549 of 2016
W.P.(S) No. 4160 of 2016
Nimai Mirdha, S/o Sri Hari Pada Mirdha, resident of Village Siulibari, P.O. and P.S. Mihijam, District-Jamtara (Jharkhand)
W.P.(S) No. 5697 of 2016
25
With
W.P.(S) No. 5887 of 2016
With
W.P.(S) No. 5899 of 2016
Sahdev Soren, S/o Sri Lodho Soren
With
W.P.(S) No. 7783 of 2017
Suresh Yadav, S/o Sri Jagdish Mahto
26
With
W.P.(S) No. 2557 of 2016
CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
For the Petitioner (s) : Mr. Rakesh Kumar Roy, Advocate
(In W.P.(S) No. 2792 of 2016, W.P.(S) No. 2316 of 2016, W.P.(S). No.2724 of 2016, W.P.(S). No.3081 of 2016, W.P.(S). No.3198 of 2016, W.P.(S). No.3202 of 2016, W.P.(S). No.3268 of 2016, W.P.(S). No.3444 of 2016, W.P.(S). No.3451 of 2016, W.P.(S). No.5561 of 2016, W.P.(S). No.5574 of 2016, W.P.(S). No.6317 of 2016, W.P.(S). No.6318 of 2016, , , W.P.(S). No.1068 of 2018, W.P.(S). No.1471 of 2018, W.P.(S). No.1526 of 2018, W.P.(S). No.1535 of 2018, W.P.(S). No.4947 of 2019, W.P.(S). No.2861 of 2016 and W.P.(S). No.2889 of 2016, W.P.(S). No.3919 of 2016, W.P.(S). No.4089 of 2016, W.P.(S). No.2425 of 2016)
: Ms. Ritu Kumar, Advocate
Ms. Shatakshi, Advocate, : Mr. Samavesh Bhanj Deo, Advocate
(In W.P.(S). No.2345 of 2016, W.P.(S). No.2375 of 2016, W.P.(S). No.2404 of 2016, W.P.(S). No.2482 of 2016, W.P.(S). No.2511 of 2016, W.P.(S). No.3180 of 2016, W.P.(S). No.3201 of 2016, W.P.(S). No.3204 of 2016, W.P.(S). No.3206 of 2016, W.P.(S). No.3207 of 2016, W.P.(S). No.3212 of 2016, W.P.(S) No.3219 of 2016, W.P.(S). No.3226 of 2016, W.P.(S). No.3232 of 2016, W.P.(S). No.6493 of 2016, W.P.(S). No.3129 of 2016)
: Ms. Surabhi, Advocate
(In W.P.(S). No.2779 of 2016, W.P.(S). No.2780 of 2016, W.P.(S). No.2794 of 2016, W.P.(S). No.2795 of 2016, W.P.(S). No.2796 of 2016, W.P.(S). No.2797 of 2016, W.P.(S). No.2798 of 2016, W.P.(S). No.2799 of 2016, W.P.(S). No.2803 of 2016, W.P.(S). No.6959 of 2016, W.P.(S). No. 6960 of 2016)
27 : Mr. Rajeeva Sharma, Senior Advocate : Mr. Ritesh Kumar, Advocate (In W.P.(S). No.2987 of 2016, W.P.(S). No.2988 of 2016) : Mr. Birendra Kumar Jha, Advocate (In W.P.(S). No.3187 of 2016, W.P.(S). No.3297 of 2016) : Mr. Lalit Yadav, Advocate (In W.P.(S). No.3551 of 2016, W.P.(S). No.3552 of 2016, W.P.(S). No.3553 of 2016, W.P.(S). No.3554 of 2016, W.P.(S). No.3555 of 2016, W.P.(S). No.3556 of 2016, W.P.(S). No.3557 of 2016, W.P.(S). No.3558 of 2016, W.P.(S). No.3559 of 2016, W.P.(S). No.3560 of2016, W.P.(S). No.3561 of2016, W.P.(S). No.3562 of2016, W.P.(S). No.3563 of2016, W.P.(S). No.3568 of 2016, W.P.(S). No.3694 of 2016, W.P.(S). No.4352 of 2016) : Mr. Varun Prabhakar, Advocate (W.P.(S). No.5641 of 2016, W.P.(S). No.7139 of 2016, W.P.(S). No.977 of 2018, : Mr. A.N. Deo, Advocate (In W.P.(S). No.7328 of 2016) : Mr. Rajesh Kumar, Advocate (In W.P.(S). No.1712 of 2018 Mr. A.K. Sahani, Advocate (In W.P.(S). No.2802 of 2016, W.P.(S). No. 4358 of 2018 : Mr. Ranjan Kr. Singh, Advocate (In W.P.(S). No.5035 of 2016, W.P.(S). No.5068 of 2016, W.P.(S). No.6738 of 2016, W.P.(S). No.7304 of 2016) : Mr. Anjani Kumar Verma, Advocate (W.P.(S). No.2549 of 2016, W.P.(S). No.4160 of 2016, W.P.(S). No.5697 of 2016, W.P.(S). No.5887 of 2016, W.P.(S). No.5899 of 2016, W.P.(S). No.7783 of 2017, W.P.S. No.2557 of 2016) For the Resp. State : Mr. Navneet Toppo, A.C. to S.C. V (In W.P.(S) No. 2792 of 2016, W.P.(S). No.2724 of 2016, W.P.(S). No.2779 of 2016, W.P.(S). No.2780 of 2016, W.P.(S). No.2794 of 2016, W.P.(S). No.2795 of 2016, W.P.(S). No.2796 of 2016, W.P.(S). No.2797 of 2016, W.P.(S). No.2798 of 2016, W.P.(S). No.2799 of 2016, W.P.(S). No.2802 of 2016, W.P.(S). No.2803 of 2016, W.P.(S). No.3551 of 2016, W.P.(S). No.2425 of 2016) : Ms. Priyanka Boby, A.C. to G.A. I (In W.P.(S). No.2987 of 2016, : Mr. Ankit Apurva, A.C. to Sr. S.C. I (In W.P.(S). No.2988 of 2016, W.P.(S). No.4947 of 2019) : Ms. Rishi Bharati, A.c. to A.A.G III (In W.P.S. No.4947 of 2019) : Mr. Ram Nivas Roy, Advocate (In W.P.(S). No.3202 of 2016 : Ms. Pinky Tiwary, A.C. to A.G. (In W.P.(S). No.2482 of 2016, W.P.(S). No.3187 of 2016, W.P.(S). No.3226 of 2016, W.P.(S). No.3297 of 2016, W.P.(S). No.3554 of 2016, W.P.(S). No.3558 of 2016, W.P.(S). No.4352 of 2016, W.P.(S). No.5035 of 2016, W.P.(S). No.6738 of 2016, W.P.(S). No.6960 of 2016, W.P.(S). No.1068 of 2018, W.P.(S). No.2549 of 2016, W.P.(S). No.4160 of 2016, W.P.(S). No.5697 of 2016, W.P.(S). No.5887 of 2016, W.P.(S). No.5899 of 2016, W.P.S. No.2557 of 2016) (Mr. Ranjit Kumar, A.C. to G.P. IV : (In W.P.(S). No.1068 of 2018, W.P.(S). No.4358 of 2018) : Mr. Prakash Jha, J.C. to G.P. IV (In W.P.(S). No.1471 of 2018 : Mr. Naresh Prasad Thakur, A.C. to G.P IV (In W.P.(S) No.1526 of 2018) : Mr. Nehru Mahto, A.C. to G.P. IV (In W.P.(S). No.1712 of 2018) : Ms. Divya, J.C. to S.C. III (In W.P.(S). No.6493 of 2016, W.P.(S). No.7304 of 2016) : Ms. Jayshree Akhouri, A.C. to G.P I (In W.P.(S). No.1535 of 2018) : Mr. Lal Gyan Ranjan Nath Shahdeo, A.C. to S.C. IV (In W.P.S. No.977 of 2018) : Mr. Suresh Kumar, S.C. (L&C) II : Mr. Anshuman Kumar, A.C. to S.C. (L&C)II (In W.P.(S). No.2889 of 2016) : Mr. P.A.S. Pati, G.A. (In W.P.(S). No.7783 of 2017)
28
11 /21.06.2022 Learned counsel for the petitioners Mr. Rakesh Kumar Roy, is present.
2. Learned counsel for the respondents is also present.
Writ petitions other than W.P.(S) No.7328 of 2016 and W.P.(S)
No.7304 of 2016
3. In all the following writ petitions, the petitioners have prayed for quashing the respective orders by which they have been dismissed/ terminated/removed from the post of Chowkidar and for their reinstatement with all consequential benefits. The details of the appointment and letter of termination are as under:-
| Writ number | Letter | of | Letter | of | |
|---|---|---|---|---|---|
| appointm | ent | terminati | on | ||
| W.P.(S). No.2792 / 2016 | Petitioner Nos.1 No.136/Sa dated 9 Petitioner Nos.7 No.136/Sa dated –1 Series) |
to 6 .3.2013 to 9 5.5.201 |
vide Memo vide Memo 4 (Annexure |
Memo No.02/M (Annexure–5) |
u dated 2.3.2016 |
| W.P.(S). No.2316 of 2016 | Memo No.149 (Annexure–4) |
dated | 06.02.2013 | Memo No.211 (Annexure–9) dated 29.2.2016 ( |
dated 29.02.2016 and Memo No.213 Annexure -9/1) |
| W.P.(S). No.2345/2016 | Memo No.2729 (Annexure–1) |
dated | 26.10.2012 | Memo No.631 (Annexure–9) |
dated 28.03.2016 |
| W.P.(S). No.2375/2016 | Memo No.155 (Annexure–2) |
dated | 23.1.2014 | Memo No.631 (Annexure–8) |
dated 28.03.2016 |
| W.P.(S). No.2404 of 2016 | Memo No.933 (Annexure–4) |
dated | 18.2.2012 | Memo No.631 (Annexure- 10) |
dated 28.03.2016 |
| W.P.(S). No.2425 of 2016 | Memo No.1061 (Annexure–7) |
dated | 24.09.2013 | Memo No.211 (Annexure–10) dated 29.2.2016 ( |
dated 29.2.2016 and Memo No.215 Annexure–10/1) |
| W.P.(S). No.2482 of 2016 | Memo No.934 (Annexure–1) |
dated | 18.02.2012 | Memo No.631 (Annexure- 5) |
dated 28.3.2016 |
| W.P.(S). No.2511 of 2016 | Memo No.935 (Annexure–1) |
dated | 18.02.2012 | Memo No.631 (Annexure-6) |
dated 28.3.2016 |
| W.P.(S). No.2724 of 2016 | Memo No.62 (Annexure–1 Seri |
dated es) |
01.12.2011 | Memo Nos.304, 314, 297, 319, 23.04.2016 (Anne |
316, 307, 303, 305, 329, 299, dated xure- 5 Series) |
| W.P.(S). No.2779 of 2016 | Letter No.62 (Annexure–1) |
dated | 01.12.2011 | Memo No.348 (Annexure- 6) |
dated 23.04.2016 |
| W.P.(S). No.2780 of 2016 | Memo No.62 (Annexure–1) |
dated | 01.12.2011 | Memo No.347 (Annexure- 6) |
dated 23.04.2016 |
| W.P.(S). No.2794 of 2016 | Memo No.62 (Annexure–1) |
dated | 01.12.2011 | Memo No.344 (Annexure-6) |
dated 23.04.2016 |
| W.P.(S). No.2795 of 2016 | Letter No.417 (Annexure–1) |
dated | 23.11.13 |
Memo No.341 (Annexure- 6) |
dated 23.04.2016 |
| W.P.(S). No.2796 of 2016 | Letter No.05 (Annexure–1) |
dated | 16.02.2013 | Memo No.345 (Annexure- 6) |
dated 23.04.2016 |
| W.P.(S). No.2797 of 2016 | Letter No.62 (Annexure–1) |
dated | 01.12.2011 | Memo No.343 (Annexure- 6) |
dated 23.04.2016 |
| W.P.(S). No.2798 of 2016 | Letter No.62 (Annexure–1) |
dated | 01.12.2011 | Memo No.342 (Annexure- 6) |
dated 23.04.2016 |
29
| W.P.(S). No.2799 of 2016 | Letter No.62 dated 01.12.2011 (Annexure–1) |
Memo No.346 dated 23.04.2016 (Annexure- 6) |
|---|---|---|
| W.P.(S). No.2802 of 2016 | Petitioner nos. 1 to 15 & 17 Memo No.28/Chou dated 18.04.2011 and Petitioner No.16- vide Memo No.57 dated 17.8.2011 (Annexure–1 Series) |
Memo No.30/Chou dated 06.04.2016 (Annexure- 5) |
| W.P.(S). No.2803 of 2016 | Letter No.418(Legal) dated 23.11.13 (Annexure–1) |
Memo No.340 dated 23.04.2016 (Annexure- 6) |
| W.P.(S). No.2861 of 2016 | Petitioner No.1 vide Memo No.289 (ii)/Sa dated 03.02.2011 Petitioner No.2 vide Memo No.290 (ii)/sa dated 03.02.2011 Petitioner No.3 Vide Memo No.3412 (ii) dated 24.12.2011 Petitioner No.4 vide Memo No.83 (i) dated 07.09.2013 Petitioner No.5 vide Memo No.121 (ii) dated 01.02.2013 Petitioner No.6 vide Memo No.93 (i) dated 07.09.2013 (Annexure–1 Series) |
Petitioner No.1 vide Memo No.1436 (ii)/Sa dated 06.05.2016 Petitioner No.2 vide Memo No.1435 (ii)/sa dated 06.05.2016 Petitioner No.3 Vide Memo No.633 (ii) dated 04.03.2016 Petitioner No.4 vide Memo No.628 (ii) dated 04.03.2016 Petitioner No.5 vide Memo No.618 (ii) dated 04.03.2016 Petitioner No.6 vide Memo No.623 (ii) dated 04.03.2016 (Annexure–5 Series) |
| W.P.(S). No.2889 of 2016 | Petitioner Nos. 1 to 3 vide Memo No.1225 dated 26.6.2012 Petitioner Nos.4 to 21 vide Memo No.148 dated 25.1.2014 (Annexure–1 Series) |
Memo No.525 dated 30.3.2016 (Annexure- 7) |
| W.P.(S). No.2987 of 2016 | Letter No.1261 dated 17.11.2012 (Annexure–2) |
Order No.274 dated 09.05.2016 (Annexure- 5) |
| W.P.(S). No.2988 of 2016 | Letter No.1261 dated 17.11.2012 (Annexure–2) |
Memo No.274 dated 09.05.2016 (Annexure- 5) |
| W.P.(S). No.3081 of 2016 | Petitioner Nos.1 & 3 to 5 - Memo No.85 dated 14.02.2011 (Annexure–1 series) Petitioner No.2- Memo No.477 dated 13.07.2011 (Annexure–1 Series) |
Memo No.480/Sha dated 02.05.2016 (Annexure- 5) |
| W.P.(S). No.3129 of 2016 | Memo No.138 dated 09.03.2013 (Annexure–1) |
Memo No.193 (A) dated 25.5.2016 (Annexure–7) |
| W.P.(S). No.3180 of 2016 | Order No.16/2012 dated contained in Memo No.666 dated 25.06.2012 (Annexure–1) |
Order No.40/2016 contained in Memo No.26 (Mu) dated 26.4.2016 (Annexure- 8) |
| W.P.(S). No.3187 of 2016 | Petitioner No.1 vide Memo No.1115 dated 08.10.2012 Petitioner No.2 Vide Memo No.989 dated 29.11.2013 Petitioner No.3 vide Memo No.759 dated 14.08.2010 Petitioner No.4 Vide Memo No.985 dated 29.11.2013 |
Memo No.370/S Godda dated 25.04.2016 (Annexure-4) |
| (Annexure–2 Series) | ||
| W.P.(S). No.3198 of 2016 | Petitioner No.1 vide Memo No.1847 dated 27.11.2013 (Annexure–2) Petitioner No.2 Vide Memo No.184 dated 06.02.2013 (Annexure–2/A) Petitioner No.3 vide Memo No.65 dated 17.01.2014 (Annexure–2/B) Petitioner No.4 Vide Memo No.01 dated 01.06.2012 (Annexure–2/C) |
Memo No.334/S dated 08.03.2016 (Annexure-3) |
| W.P.(S). No.3201 of 2016 | Order No.17/2012 dated contained in Memo No.776 dated 11.8.2012 (Annexure–1) |
Order No.34/2016 contained in Memo No.20 (Mu) dated 26.4.2016 (Annexure- 6) |
| W.P.(S). No.3202 of 2016 | Memo No.28 dated 17.01.2011 |
Memo No.710 dated 26.04.2016 |
| (Annexure–4) | (Annexure- 5) |
30
| W.P.(S). No.3204 of 2016 | Order No.17/2012 contained in Memo No.776 dated 11.8.2012 (Annexure– 1) |
Order No.38/2016 contained in Memo No.24(Mu) dated 26.04.2016 (Annexure- 6) |
|---|---|---|
| W.P.(S). No.3206 of 2016 | Order No.14/2012 contained in Memo | Order No.53/2016 contained in Memo |
| No.511 dated 16.5.2012 (Annexure– 1) |
No.39(Mu) dated 26.4.2016 (Annexure- 8) |
|
| W.P.(S) No. 3207/2016 | Order No.17/2012 contained in Memo No. 776 dated 11.08.2012 (Annexure- 1) |
Order No.37/2016 contained in Memo No. 23 (Mu) dated 26.04.2016 (Annexure-8) |
| W.P.(S) No. 3212/2016 | Order No.14/2012 contained in Memo No. 511 dated 16.05.2012 (Annexure- 1) |
Order No.54/2016 contained in Memo No. 40(Mu) dated 26.04.2016 (Annexure-8) |
| W.P.(S) No. 3219/2016 | Order No.14/2012 contained in Memo No. 511 dated 16.05.2012 (Annexure- 1) |
Order No.50/2016 contained in Memo No. 36 (Mu) dated 26.04.2016 (Annexure-8) |
| W.P.(S) No. 3226/2016 | Order No.14/2012 contained in Memo No. 511 dated 16.05.2012 (Annexure- 1) |
Order No.49/2016 contained in Memo No. 35 (Mu) dated 26.04.2016 (Annexure-8) |
| W.P.(S) No. 3232/2016 | Order No.14/2012 contained in Memo No. 511 dated 16.05.2012 (Annexure- 1) |
Order No.44/2016 contained in Memo No. 30 (Mu) dated 26.04.2016 (Annexure-8) |
| W.P.(S) No. 3268/2016 | Memo No. 512 dated 06.11.2012 (Annexure-1) |
Memo No. 81 dated 31.03.2016 (Annexure-5) |
| W.P.(S) No. 3297/2016 | Memo No. 162 dated 12.02.2011 (Annexure-2) |
Memo No. 370 dated 25.04.2016 (Annexure-4) |
| W.P.(S) No. 3444/2016 | Petitioner Nos. 1 was appointed vide Memo No. 934 dated 12.11.2011. Petitioner No. 2 was appointed vide Memo No. 348 dated 22.03.2012. Petitioner No. 3 was appointed vide Memo No. 948 dated 23.11.2013. Petitioner No. 4 was appointed vide Memo No.1116 dated 08.10.2012. Petitioner No. 5 was appointed Vide Memo No. 988 dated 29.11.2013. Petitioner No. 6 was appointed vide Memo No. 162 dated 12.02.2011. Petitioner No. 7 was appointed vide Memo No. 947 dated 23.11.2013. Petitioner No. 8 was appointed vide Memo No. 950 dated 23.11.2013. Petitioner No. 9 was appointed Vide Memo No. 1031 dated 07.12.2011. (Annexure-1 series) |
Memo No. 370 dated 25.04.2016 (Annexure-5) |
| W.P. (S) No. 3451/2016 | Petitioner No. 1 vide Memo No. 986 dated 29.11.2013 Petitioner No. 2 vide Memo No. 987 dated 29.11.2013 Petitioner No. 3 vide Memo No. 1315 dated 16.11.2012 Petitioner No. 4 vide Memo No. 959 dated 14.08.2010 Petitioner No. 5 vide Memo No. 1242 dated 01.11.2012 Petitioner No. 6 vide Memo No. 954 dated 23.11.2013 Petitioner No. 7 vide Memo No. 1241 dated 01.11.2012 Petitioner No. 8 vide Memo No. 1243 dated 01.11.2012 Petitioner No. 9 vide Memo No. 952 dated 23.11.2013 |
Memo No. 370 dated 25.04.2016. (Annexure-5) |
31
| Petitioner No. 10 vide Memo No. 955 dated 23.11.2013 Petitioner No. 11 vide Memo No. 934 dated 12.11.2011 Petitioner No. 12 vide Memo No. 162 dated 12.02.2011 (Annexure-1 series) |
||
|---|---|---|
| W.P. (S) No. 3551/2016 | Order No.14/2012 contained in Memo No. 511 dated 16.05.2012 (Annexure- 1) |
Order No.47/2016 contained in Memo No. 33 (Mu) dated 26.04.2016 (Annexure-8) |
| W.P. (S) No. 3552/2016 | Order No.16/2012 contained in Memo No. 511 dated 16.05.2012 (Annexure- 1) |
Order No.39/2016 contained in Memo No. 25 (Mu) dated 26.04.2016 (Annexure-8) |
| W.P. (S) No. 3553/2016 | Order No.07/2014 contained in Memo No. 437 dated 30.05.2014. (Annexure- 1) |
Order No.22/2016 contained in Memo No. 08 (Mu) dated 26.04.2016. (Annexure-8) |
| W.P. (S) No. 3554/2016 | Order No.14/2012 contained in Memo No. 511 dated 16.05.2012. (Annexure- 1) |
Order No.43/2016 contained in Memo No. 29 (Mu) dated 26.04.2016. (Annexure-8) |
| W.P. (S) No. 3555/2016 | Order No.07/2014 contained in Memo No. 437 dated 30.05.2014. (Annexure- 1) |
Order No.28/2016 contained in Memo No. 14 (Mu) dated 26.04.2016. (Annexure-8) |
| W.P. (S) No. 3556/2016 | Order No.07/2014 contained in Memo No. 437 dated 30.05.2014. (Annexure- 1) |
Order No.30/2016 contained in Memo No. 16 (Mu) dated 26.04.2016. (Annexure-8) |
| W.P. (S) No. 3557/2016 | Order No.07/2014 contained in Memo No. 437 dated 30.05.2014. (Annexure- 1) |
Order No.26/2016 contained in Memo No. 12 (Mu) dated 26.04.2016. (Annexure-8) |
| W.P. (S) No. 3558/2016 | Order No.07/2014 contained in Memo No. 437 dated 30.05.2014. (Annexure- 1) |
Order No.25/2016 contained in Memo No. 11 (Mu) dated 26.04.2016. (Annexure-8) |
| W.P. (S) No. 3559/2016 | Order No.14/2012 contained in Memo No. 511 dated 16.05.2012. (Annexure- 1) |
Order No.42/2016 contained in Memo No. 28 (Mu) dated 26.04.2016. (Annexure-8) |
| W.P. (S) No. 3560/2016 | Order No.07/2014 contained in Memo No. 437 dated 30.05.2014. (Annexure- 1) |
Order No.23/2016 contained in Memo No. 09 (Mu) dated 26.04.2016. (Annexure-8) |
| W.P. (S) No. 3561/2016 | Order No.14/2012 contained in Memo No. 511 dated 16.05.2012. (Annexure- 1) |
Order No.45/2016 contained in Memo No. 31 (Mu) dated 26.04.2016. (Annexure-8) |
| W.P. (S) No. 3562/2016 | Order No.07/2014 contained in Memo No. 437 dated 30.05.2014. (Annexure- 1) |
Order No.27/2016 contained in Memo No. 13 (Mu) dated 26.04.2016. (Annexure-8) |
| W.P.(S). No.3563 of 2016 | Order No.14/2012 contained in Memo No.511 dated 16.5.2012 (Annexure– 1) |
Order No.51/2016 contained in Memo No.37 (Mu) dated 26.4.2016 (Annexure-8) |
| W.P.(S). No.3568 of 2016 | Order No.17/2012 contained in Memo |
Order No.33/2016 contained in Memo |
| No.776 dated 11.08.2012 (Annexure– 1) |
No.19 (Mu) dated 26.4.2016 (Annexure- 8) |
|
| W.P.(S). No.3694 of 2016 | Order No.15/2010 contained in Memo No.585 dated 17.08.2010 (Annexure– 1) |
Order No.20/2016 contained in Memo No.06 (Mu) dated 26.4.2016 (Annexure- 8) |
| W.P.(S). No.3919 of 2016 | Petitioner No.1 vide Memo No.122 (ii) dated 01.02.2013 Petitioner No.2 vide Memo No.77 (i) dated 07.09.2013 Petitioner No.3 vide Memo No.80 (i) dated 07.09.2013 Petitioner No.4 vide Memo No.119 (ii) dated 01.02.2013 Petitioner No.5 vide Memo No.1471 (ii) dated 05.06.2010 |
Memo Nos.622 (ii), 619 (ii), 616 (ii), 617 (ii) dated 04.03.2016 and Memo Nos.1443 (ii), 1441 (ii) dated 06.05.2016 (Annexure-5 series) |
32
| Petitioner No.6 vide Memo No.1473 (ii) dated 05.06.2010 Petitioner No.7 vide Memo No.1472 (ii) dated 03.06.2010 (Annexure–1 Series) |
||
|---|---|---|
| W.P.(S). No.4089 of 2016 | Petitioner No.1 vide Memo No.2733 dated 26.10.2012 Petitioner No.2 vide Memo No.2732 dated 26.10.2012 |
Memo No.631 dated 28.03.2016 (Annexure- 7 series) |
| W.P.(S). No.4352 of 2016 | Order No.17/2012 contained in Memo No.776 dated 11.08.2012 (Annexure– 1) |
Order No.31/2016 contained in Memo No.17 (Mu) dated 26.4.2016 (Annexure- 8) |
| W.P.(S). No.5035 of 2016 | Memo No.759 dated 14.08.2010 (Annexure–1) |
Memo No.370 dated 25.04.2016 (Annexure- 3) |
| W.P.(S). No.5068 of 2016 | Memo No.934 dated 12.11.2011 (Annexure–1) |
Memo No.370 dated 25.04.2016 (Annexure- 3) |
| W.P.(S). No.5561 of 2016 | Order No.01/2010 contained in Memo No.05 dated 04.01.2011 (Annexure– 1) |
Order No.40/2016 contained in Memo No.979 dated 09.08.2016 (Annexure- 5) |
| W.P.(S). No.5574 of 2016 | Petitioner Nos.1 to 8 vide Order No.530/2010 contained in Memo No.05/Sa dated 04.01.2011 Petitioner No.9 vide Memo No.06 dated 04.01.2011 (Annexure–1 Series) |
Order No.40/2016 contained in Memo No.979 dated 10.08.2016 (Annexure- 5) |
| W.P.(S). No.5641 of 2016 | Petitioner No.1 vide Memo No.199 dated 03.02.2011 (Annexure- 2 Series) Petitioner No.2 vide Memo No.06 dated 21.10.2011 (Annexure–2/A) Petitioner No.3 vide Memo No.05 /Sa dated 06.09.2011 (Annexure–2/B) |
Order No.40/2016 contained in Memo No.979 dated 09.08.2016 (Annexure- 3) |
| W.P.(S). No.6317/ 2016 | Petitioner Nos.1 to 5 vide Memo No. 484 dated 28.04.2011 (Annexure–1 ) |
Memo No. 1030/Sa dated 14.09.2016 (Annexure–5) |
| W.P.(S). No.6318/ 2016 | Petitioner Nos.1 to 7 vide Memo No. 376 dated 13.08.2010 (Annexure–1) |
Memo No. 1030/Sa dated 14.09.2016 (Annexure–5) |
| W.P.(S). No.6493/ 2016 | Memo No. 159/Sa dated 29.03.2011 (Annexure–2 ) |
Memo No.315/Sa dated 22.09.2016 (Annexure–7) |
| W.P.(S). No.6738/ 2016 | Memo No. 162 dated 12.02.2011 (As per Annexure–2) |
Memo No.370/Sa dated 25.04.2016 (Annexure–4) |
| W.P.(S). No.6959/ 2016 | Letter No. 12 dated 15.02.2011 (Annexure–1) |
Memo No. 365 dated 28.04.2016 (Annexure–6) |
| W.P.(S). No.6960/ 2016 | Letter No. 62 dated 01.12.2011 (Annexure–1) |
Memo No.339 dated 23.04.2016 (Annexure–5) |
| W.P.(S). No. 7139/ 2016 | Order No.53/2010 contained in Memo No. 05 dated 06.09.2011 (Annexure– 2) |
Order No.40/2016 contained in Memo No.979/Sa dated 09.08.2016 (Annexure–3) |
| W.P.(S). No.977/ 2018 | Petitioner Nos. 1, 2 & 5 vide Memo Nos. 487, 484 and 486 all dated 02.08.2011; Petitioner Nos. 3 and 4 vide Memo Nos. 492 and 493 both dated 03.08.2011 (Annexure–1 Series) |
Memo No. 582 dated 15.09.2016 (Annexure–5) |
| W.P.(S). No.1068/ 2018 | Memo No. 51(i) dated 01.11.2010 (Annexure–1) |
Petitioner No. 1 Vide Memo No.426(ii) dated 11.06.2016 Petitioner No. 2 Vide Memo No.425(ii) dated 11.06.2016 (Annexure–5 Series) |
| W.P.(S). No.1471/2018 | Memo No. 482/Sa dated 02.08.2011 (Annexure–1) |
Memo No.582 dated 15.09.2016 (Annexure–5) |
33
| W.P.(S). No.1526/ 2018 | Memo No. 51(i) dated 01.11.2010 (Annexure–1) |
Memo No.427(ii)/S 11.06.2016 (Annexure– |
a dated 5) |
|---|---|---|---|
| W.P.(S). No.1535/ 2018 | Memo No. 1261/Sa dated 17.11.2012 (Annexure–1) |
Memo No.274/Sa dated (Annexure–5) |
09.05.2016 |
| W.P.(S). No.1712/ 2018 | Memo No. 143/Sa dated 22.02.2011 (Annexure–3) |
Petitioner No. 1 - No.820/Sa dated 08.09.20 Petitioner No. 2–vide 818/Sa dated 08.09.2016 7 Series) |
Vide Letter 16 Letter No. (Annexure– |
| W.P.(S). No.4358/ 2018 | Memo No. 143/Sa dated 22.02.2011 (Annexure–4) |
Letter No.819/Sa dated (Annexure–9) |
08.09.2016 |
| W.P.(S). No.4947/ 2019 | Memo No.1157/Sa dated 29.11.2013 (Annexure–1) |
Memo No. 170/Sa date (Annexure–5) |
d 16.3.2016 |
| W.P.(S). No.2549 of 2016 | Petitioner No.1 vide Memo No.215 dated 10.03.2012 (Annexure -7) Petitioner No.2 vide Memo No.216 dated 10.03.2012 (Annexure–7/A) |
Memo No.255 dated 08.0 (Annexure–15) |
3.2016 |
| W.P.(S). No.4160 of 2016 | Memo No.114 dated 08.02.2012 (Annexure–6) |
Memo No.261 dated (Annexure–14) |
22.03.2016 |
| W.P.(S). No.5697 of 2016 | Memo No.133 dated 24.02.2014 (Annexure–6) |
Memo No.261 dated (Annexure–11) |
22.03.2016 |
| W.P.(S). No.5887 of 2016 | Petitioner No.1 vide Memo No.389 dated 14.07.2010 (Annexure–7) Petitioner Nos.2 to 4 vide Memo No.66 dated 29.1.2011 (Annexure -8) |
Memo No.430 dated (Annexure–17) |
22.06.2016 |
| W.P.(S). No.5899 of 2016 | Memo No.690 dated 16.11.2013 (Annexure–6) |
Memo No.261 dated (Annexure–11) |
22.03.2016 |
| W.P.(S). No.7783 of 2017 | Memo No.85 dated 14.02.2011 (Annexure–7) |
Memo No.480 dated (Annexure–13) |
02.05.2016 |
| W.P.(S). No.2557 of 2016 | Memo No.1643 dated 12.04.2012 (Annexure–6) |
Memo No.963 dated (Annexure–13) |
12.03.2016 |
I.A. No.5162 of 2022 in W.P.(S). No.2549 of 2016
4. Learned counsel for the petitioner in W.P.(S). No.2549 of 2016 has additionally submitted that one I.A. No.5162 of 2022 has been filed seeking insertion of additional prayer as follows:
“1. (v) For direction to the respondents to come out with an amendment by shifting date of giving effect of Jharkhand Chaukidar Gradation Rules, 2015 from the date of its notification on 7.4.2015 vide Notification dated 7.4.2015 instead of the date of publication in Gazette as the respondents with ulterior motives to defeat the claim of the claim of the petitioner, who were duly appointed Chowkidar and working till the date of the Notification of Jharkhand Chaukidar Gradation Rules, 2015 on 7.4.2015 vide Notification dated 7.4.2015, it was not published in Jharkhand Gazette till 13.4.2022 and was published vide Gazette No.177 dated 13.4.2022 (Annexure – 20) after lapse of more than 7 years from the date of its notification issued vide Govt. Memo No.2032 dated 7.4.2015 (Annexure – 16).”
5. Learned counsel for the petitioners during the course of argument has submitted that the petitioners were appointed sometime in the year 2012 and were terminated by the impugned order contained
34
in Memo No.255 dated 08.03.2016 (Annexure 15) in pursuant to Memo No.7691 dated 23.12.2015.
6. Upon a query by this Court, learned counsel has fairly submitted that so far as the case of the petitioners is concerned, it is covered against the petitioners vide judgment dated 17.11.2011 passed in W.P.(S). No.2072 of 2007 wherein, it has been held that there cannot be any appointment on public post on the basis of inheritance and the appointment ought to be through public advertisement. The said judgment was also subject matter of consideration in L.P.A. No.196 of 2012 with L.P.A. No.404 of 2012 wherein the said L.P.A. has been dismissed with certain observations and directions. Learned counsel for the petitioners further submits that the Rules of 2015 which have been mentioned to be followed vide order dated 09.08.2019 passed in L.P.A. No.196 of 2012 were not notified at the relevant point of time. They have been notified recently only on 13.04.2022 being Gazette No.177 dated 13.04.2022 and therefore, he is seeking aforesaid direction upon the respondents to come out with an amendment shifting the date of giving effect to Jharkhand Chowkidar Gradation Rules, 2015. 7. Learned counsel for the respondents, on the other hand, has opposed the prayer and has submitted that at the time of appointment, when the petitioners were given appointment on the basis of inheritance, such action on the part of the respondents was already held to be illegal by virtue of the aforesaid judgment dated 17.11.2011 passed in W.P.(S). No.2072 of 2007 as well as the judgment passed by Hon’ble Supreme Court in the case of ( Surender Paswan and Ors. Vs. State of Bihar and Ors.) reported in (2010) 6 SCC 680 . Learned counsel has opposed the prayer for amendment and has submitted that if the petitioners have any grievance with regard to the amendment or its notifications/enforcement, the same is separate cause of action and if I.A. No. 5162 of 2022 is allowed, it will change the nature of the writ petition.
This Court finds that so far as the grievance of the petitioners in connection with the date of notification/implementation etc. with regard to Rules of 2015 is concerned, the same is distinct cause of action and if the amendment is allowed, this will change the very
35
nature of the present writ petition. Accordingly, I.A. No. 5162 of 2022 is hereby dismissed.
However, the petitioners may have their remedies with regard to the relief as prayed for in the I.A. No.5162 of 2022 if so, advised in accordance with law.
Submissions in the main writ petitions
8. At the outset learned counsel for the respondents submits that the cases of the petitioners are squarely covered by judgment dated 09.08.2019 passed in L.P.A. No.196 of 2012 with L.P.A. No.404 of 2012 wherein, it has been held that the claim of the persons appointed to the post of Chowkidar, only on the basis of recommendations made in their favour by their father- the retired Chowkidars, cannot survive and that the post could be filled up only after public advertisement. It has also been observed that the appellants could apply pursuant to the advertisement, if they are eligible for applying to the post, as per the Rules framed in the year 2015. A direction was also issued to the State Government to apply the Rule uniformly in the entire State, and fill up all the post of Chowkidars with the Rules framed in the year 2015 without any delay.
9. In the present cases also, admittedly the petitioners were appointed on the basis of claim of hereditary right.
10. Learned counsels for the petitioners do not dispute that the case of the petitioners is covered by the judgement passed by Hon’ble Division Bench in L.P.A. No. 196 of 2012 with L.P.A. No. 404 of 2012 dated 09.08.2019 whereby appeal filed against judgement passed in W.P.(S) No. 2072 of 2007 on 17.11.2011 has been dismissed with certain directions.
11. It is not in dispute that one W.P.(S) No. 2072 of 2007 was decided on 17.11.2011 holding that there can be no appointment of chowkidar on hereditary basis.
12. The judgment passed by this Court in W.P.(S). No.2072 of 2007 dated 17.11.2011 has attained finality and has been upheld by virtue of the order passed by Hon’ble Division Bench in L.P.A. No. 196 of 2012 with L.P.A. No. 404 of 2012 dated 09.08.2019 wherein following directions were also made by the Hon’ble Division Bench.
36
“9. Having heard learned counsel for the appellants and learned AAG for the State, we are of the considered view that no fresh appointment now can be made to the post of Chaukidar on the basis of inheritance only, on the ground that the candidate is the son of the retired/deceased Chaukidar. The law is well settled by the Hon’ble Apex Court in Surender Paswan’s case (supra), laying down the law as above. The Rules have also been framed by the State Government pursuant thereto, prescribing detailed procedure to be followed for the appointment to the post of Chaukidar, which is a public post, after advertising the post, giving equal opportunity to all. In that view of the matter, the claims of the appellants in both the L.P.As., would not survive for being appointment to the post of Chaukidar, only on the basis of the recommendations made in their favour by their father, the retired Choukidars. The posts can be filled up only after public advertisement and the appellants may apply pursuant to the advertisement, if they are eligible for applying for the post, as per the Rules framed in the year 2015. The State Government is hereby, directed to apply the Rule uniformly in the entire State, and fill up all the posts of Chowkidar uniformly, in accordance with the Rules framed in 2015, without any further delay.”
13. Considering the fact that the case of the petitioners is covered by the aforesaid judgment, all the writ petitions except W.P.(S) No.7328 of 2016 and W.P.(S) No.7304 of 2016 are also disposed of in terms of the order dated 09.08.2019 passed by this Court in L.P.A. No.196 of 2012 and another analogous case.
W.P.(S). No. 7304 of 2016
14. In W.P.(S) No.7304 of 2016 , the petitioner is seeking a direction upon the respondents to appoint him on the post of chowkidar on the ground of compassionate appointment because his late father was working as Chowkidar who died in harness. It has been stated in para 2 of the writ petition that the petitioner had moved this Court earlier for the same relief but it was dismissed as not pressed vide order dated 06.10.2009 passed in W.P.(S). No.6742 of 2007; thereafter, a petition for restoration of the writ petition was filed being C.M.P. No.469 of 2009 but the same was also dismissed by default vide order dated 28.06.2013. A counter-affidavit has been filed in the instant case stating that there were three claimants for the vacant post of chowkidar claiming compassionate appointment and the compassionate committee asked the claimants to procure succession
37
certificate from competent court of law but none of them produced succession certificate.
15. Considering the fact that petitioner had earlier filed the writ petition for the same relief and had withdrawn the same and also the fact that much time has elapsed from the date of death of the father of the petitioner who is said to have expired on 23.10.2002 and also the aforesaid specific stand taken by the respondents in the counteraffidavit, this Court is not inclined to grant the relief as prayed for by the petitioner. Further the law has been settled by the aforesaid judgements that the post of chowkidar is not a hereditary right and appointment has to be made through advertisement in terms of the Rules of 2015. Accordingly, W.P.(S) No.7304 of 2016 is also disposed of.
W.P.(S) No.7328 of 2016
16. In W.P.(S) No.7328 of 2016 , a prayer has been made seeking a direction upon the respondents to reinstate the petitioner on the post of Chowkidar as the petitioner has been asked not to work in spite of rendering service on daily wage since 05.04.1993 and the petitioner is seeking regularization of his service.
17. This case was directed to be listed after disposal of L.P.A. No.196 of 2012 along with W.P.(S). No.2557 of 2016, and W.P.(S). No.2792 of 2016 and an application for fixing an early date of hearing has been filed mentioning that the case of the petitioner is entirely different in as much as the petitioner is not claiming his appointment on the basis of inheritance, rather the petitioner is claiming for regularization of his service as he has been working on the post of chowkidar since 1993 and that the petitioner has been facing acute crisis because of non-payment of his salary right from 1993.
18. The petitioner has claimed that he was appointed on daily wage basis since 1993 and at the same time, he has stated that no payment was ever made to the petitioner since 1993 and subsequently the petitioner was asked not to work which was the cause of action to file the present writ petition.
19. Admittedly no procedure for appointment was followed i.e. no advertisement etc. was made for appointment and accordingly, this Court is not inclined to grant relief to the petitioner as prayed for in
38
this writ petition. Further, recruitment to the post of chowkidar is to be made in terms of the Rules of 2015 for which appropriate directions have already been passed by Hon’ble Division Bench of this Court in L.P.A. No. 196 of 2012 with L.P.A. No. 404 of 2012 dated 09.08.2019. Accordingly, W.P.(S) No. 7328 of 2016 is also disposed of.
(Anubha Rawat Choudhary, J.)
Saurav
3 issues framed by the court
Could Chowkidars appointed on hereditary claims obtain reinstatement after termination?
Could a challenge to the commencement of the 2015 Rules be added by amendment to the termination challenge?
Could a daily-wage Chowkidar obtain reinstatement and regularization without appointment through advertisement?
Indal Ram
The State of Jharkhand
Chief Secretary, Government of Jharkhand, Ranchi, Jharkhand
Home Secretary, Government of Jharkhand, Ranchi, Jharkhand
Director General – cum – Inspector General of Police, Jharkhand Ranchi
Deputy Commissioner, Garhwa, Jharkhand
Anubha Rawat Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
