In this writ petition, a Chowkidar seeking appointment as a Lower Division Clerk challenged the rejection of his representation. The Court dismissed the application, refusing interference as the relevant cadre rules had not been specifically challenged.
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 JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18775 of 2019
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Md. Tahir Akhtar, son of Md. Majeed, resident of Village-Amar Chhatauni, P.S.-Muffasil Motihari, District-East Champaran
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Singh, Advocate. For the Respondent/s : Mr. Shailesh Kumar, A.C. to G.P. 5 ======================================================
CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT
Date : 15-10-2019
Heard learned counsel for the parties.
Patna High Court CWJC No.18775 of 2019 dt.15-10-2019
2/6
Patna High Court CWJC No.18775 of 2019 dt.15-10-2019 3/6
Patna High Court CWJC No.18775 of 2019 dt.15-10-2019 4/6
in the Rule and disposed of the writ application by an order dated 05.02.2019 in following terms:
“In any view of the matter, learned counsel for the petitioners fairly concedes that in the absence of any challenge to the Government notification/amendment in the cadre rules of 2006 which has been gazetted, no interference could be made with the amendment in the Rules or in the Rules. However, this Court accepts the contention of the learned counsel for the petitioners that there would be no harm in the concerned authority revisiting the aforesaid issues and take a fresh call over allowing the petitioners to participate in the induction process in the clerical cadre which is governed by the Bihar Collectorate Clerical Cadre (Recruitment and Conditions of Service) Rules, 2011.
Under the aforesaid circumstances, the petitioners are directed to make a representation before the Principal Secretary, Department of General Administration, Government of Bihar, Patna (respondent no.3) within a period of four weeks enclosing a copy of this order which shall be disposed of by the concerned respondent within a reasonable period of time”.
Patna High Court CWJC No.18775 of 2019 dt.15-10-2019 5/6
order dated 23.05.2011 passed by the Additional Chief Secretary, General Administrative Department, Government of Bihar, taking into account, the fact that the Chowkidars had enough promotional avenue under 2006 Rules. The said order dated 23.05.2019 is being assailed in this writ application.
Patna High Court CWJC No.18775 of 2019 dt.15-10-2019 6/6
background of the order dated 05.02.2019 passed in CWJC No.4873 of 2018 wherein the Court has refused to interfere in the absence of any challenge to the Government notification/amendment in the cadre rules. The notification/cadre rules have not been put to challenge.
(Chakradhari Sharan Singh, J)
S.Ali/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N.A. |
| Uploading Date | 17/10/2019 |
| Transmission Date | N.A. |
2 issues framed by the court
Whether a Chowkidar under the Bihar Chowkidari Cadre Rules 2006 can be entertained for a plea of eligibility for appointment as Lower Division Clerk under the Bihar Collectorate Clerical Cadre Rules 2
Whether the High Court can interfere with the Government notification further amending the cadre rules of 2006 in the absence of a challenge to that amendment.
Md. Tahir Akhtar
The State of Bihar through its Principal Secretary, Department of Home, Bihar
The Principal Secretary, Department of Finance, Govt. of Bihar
The Principal Secretary, Department of General Administration, Govt. of Bihar
The District Magistrate East Champaran at Motihari
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
