The petitioner sought an order directing respondents to appoint him as a Chowkidar based on his father's retirement. The single-judge High Court held he had no right to such appointment and dismissed the writ petition.
Writ petition dismissed; direction to appoint the petitioner not granted.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22490 of 2019
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Rajesh Kumar Yadav, aged about 36 years, male, Son of Baijnath Gope, Resident of Village- Rasidpur, Police Station- Sheohar, District- Sheohar.
... ... Petitioner/s
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Jitendra Prasad Singh For the Respondent/s : Mr.Sheo Shankar Prasad (Sc8) ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 17-12-2019 Heard both sides.
The petitioner seeks relief for a direction to the respondents to appoint the petitioner on the post of Chowkidar in Sheohar police station falling within the district of Sheohar.
Learned counsel for the petitioner submits that the father of the petitioner retired from the post of Chowkidar after completion of 60 years on 09.02.2004. The petitioner filed petition on 21.02.2004 before the competent authority for appointment on the post of Chowkidar which was duly recommended to the competent authority. It is further submitted that the petitioner also filed representation before the District
Patna High Court CWJC No.22490 of 2019(3) dt.17-12-2019 2/2
Magistrate, Sheohar to consider the case of his appointment on the post of Chowkidar but till date the petitioner has not been considered for appointment on the post of Chowkidar after retirement of his father. It is submitted that new Rule has come that if the father takes voluntary retirement before two months of his retirement and nominate his son for appointment on the post of Chowkidar, the son can be appointed on the post of Chowkidar but I find that the submission of the learned counsel for the petitioner is not acceptable. The father of the petitioner superannuated after completion of 60 years. Thereafter the petitioner filed petition for his appointment. The petitioner has got no right to be considered for appointment on the post of Chowkidar on the ground of retirement of his father.
Having considered the facts aforesaid, I find no merit in this writ petition and accordingly, the same is dismissed.
(Prabhat Kumar Jha, J)
S.KUMAR/-
U
1 issue framed by the court
Whether the son of a retired Chowkidar is entitled to appointment on the post on the ground of the father's retirement.
Rajesh Kumar Yadav
The State of Bihar through Principal Secretary, Department of Home, Government of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
