Dismissed¶30

Mukesh Kumar v. The State Of Bihar and Ors.

Patna HC28 Feb 2024CWJC/1640/2019

Case brief

AI extract

What is this about?

Chowkidar appointment writ petition dismissed; Rule 54 Bihar Service Code 1952 age bar for pensionable service (25 years general, 28 years scheduled castes and backward tribes); relaxation by State Government in special cases; departmental guideline Annexure-B paragraph 4(4) to District Magistrate Patna; no exemption from age limit in other specified cases; maintainability objection upheld; Patna High Court, Dr. Anshuman, J., 28-02-2024.

What did the court decide?

Under Rule 54 of the Bihar Service Code, 1952, a person above the prescribed age limit may not be admitted into pensionable service of Government, but the State Government may relax this rule in special cases. ¶23

Mukesh Kumar Vs The State Of Bihar and Ors. — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶30

Issue for consideration

Whether the petitioner is entitled to a direction for appointment on the post of Chowkidar, his application having been rejected by the District Magistrate, Patna. +1 more

¶18

Ratio / Principle

¶23

Key takeaways

A departmental guideline (Annexure-B, paragraph 4(4)) issued to the District Magistrate, Patna records that, apart from the exemption contemplated under Rule 54, there is no provision for exemption from the prescribed age limit in any other specified case, and such applications may be rejected.ratio¶25
No provision exists for making a change in the name of the deponent for the appointment.ratio¶30
The petitioner's claim is not maintainable and the writ petition is dismissed.ratio

Detailed headnote1 paragraphs

Patna High Court (Dr. Anshuman, J.), Civil Writ Jurisdiction Case No.1640 of 2019, decided 28-02-2024: Mukesh Kumar filed a writ petition seeking a direction for his appointment on the post of Chowkidar after the District Magistrate, Patna rejected his application. Counsel for the State raised the preliminary objection that Rule 54 of the Bihar Service Code, 1952 creates a bar in granting relief, making the writ petition unmaintainable. The court set out Rule 54 (persons above 25 years, or 28 years for scheduled castes and backward tribes, may not be admitted into pensionable service, though the State Government may relax the rule in special cases) and a departmental guideline issued to the District Magistrate, Patna (Annexure-B, paragraph 4(4)) stating that beyond the Rule 54 exemption there is no provision for exemption from the prescribed age limit in any other specified case and such applications may be rejected. Concluding that no provision exists for making a change in the name of the deponent for the appointment, the court held the petitioner's claim not maintainable and dismissed the writ petition.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1640 of 2019

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======================================================

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Mukesh Kumar, Son of Sri Shambhu Mahto, R/o Village- Gowar Dharmpur, P.O.- Ndawan Tola, P.S.- Barh, District- Patna (Bihar).

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... ... Petitioner/s

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Versus

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The State Of Bihar through Chief Secretary, Bihar, Patna.

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Additional Chief Secretary, Home Department, Bihar, Patna.

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Director General of Police, Police Department, Bihar, Patna.

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District Magistrate, Patna.

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... ... Respondent/s

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======================================================

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Appearance :

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For the Petitioner/s : Mr. Ajit Kumar, Adv. For the Respondent/s : Mr. Sheo Shankar Prasad (SC-8) ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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3 28-02-2024

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Heard learned counsel for the petitioner and learned

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counsel for the State.

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The present writ petition has been filed for directing the respondent for appointment on the post of Chowkidar whose application has been rejected by the District Magistrate, Patna.

¶19

Learned counsel for the State raised preliminary objection that Rule 54 of the Bihar Service Code, 1952 creates bar in granting relief to the petitioner and therefore, this writ petition is not maintainable.

¶20

After hearing the parties and going through the position of law, Rule 54 of the Bihar Service Code, 1952 states as follows:-

¶21

Patna High Court CWJC No.1640 of 2019(3) dt.28-02-2024

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2/3

¶23

“Except as otherwise expressly provided in rules regulating the methods of recruitment to a particular service or post, a person whose age exceeds 25 years and in the case of a person belonging to the scheduled castes and backward tribes whose age exceeds 28 years may not be admitted into pensionable service of Government. The State Government however, may relax this rule in special cases.

¶24

Note - When in the opinion of the appointing authority, a person appointed in the first instance in an officiating or temporary capacity is likely to be made permanent at a later date the question of exemption from age limit, if necessary should be considered at the time of the first appointment, though formal sanction to the exemption may be accorded at the time the person is confirmed in Government service.”

¶25

It also transpires that in the pleading, particularly in paragraph no.9, departmental guideline has been issued to the District Magistrate, Patna which is Annexure-B whose paragraph no.4(4) states as follows:-

¶26

Patna High Court CWJC No.1640 of 2019(3) dt.28-02-2024

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3/3

¶28

“ उपर र कतकंडडका -2(4) केमामलेमेआवेदन ससमरडदरागरापरंतरआवेदनकेसमर उनकेदारानाडमत vkfJr चौकीदारकेपद परडनररडकतहेतरडनरारडरतशैकडणकएवं अनरअहरताराडरतनहींकरताहै।

¶29

चूँडकसरकारीसेवामेडनररडकतहेतरडबहार सेवासंडहताकेडनरम -54 मे izko/kkfur अडरकतम mez सीमामेछूटडदरेजानेके izko/kku के अडतडरकत अनर डकसी डनरारडरतअहरतामेछूटडदरेजानेकाकोई izko/kku नहींहैऔरआवेदनडदरेजानेएवं एकबार vkfJr नाडमतकरनेकेउपरांत vkfJr पडरवतरनकीसवीकृडतडदरेजानेका कोई औडचतर नहीं है , अतएव ऐसे आवेदनोकोअसवीकृतडकराजासकता है। "

¶30

According to the said position of law that no provision for making change in the name of the deponent for the appointment can be made. As such, the claim of the petitioner is not maintainable and hence, this writ petition is hereby dismissed.

¶31

(Dr. Anshuman, J.)

¶32

Divyansh/-

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Mukesh Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

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Mukesh Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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