Jharkhand High Court
Basudeo Bhakat vs The State Of Jharkhand on 19 January, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 3040 of 2020
Basudeo Bhakat, aged about 45 years, Son of Late Dhaneshwar
Bhakat, Resident of Village-Latiya, P.O. Badia, P.S. Musabani, Dist. East
Singhbhum ... Petitioner
-Versus-
1. The State of Jharkhand
2. The Principal Secretary, Home Department, Government of Jharkhand,
Project Building, P.O. & P.S. Dhurwa, Dist. Ranchi, Jharkhand
3. The Director, Department of Home, Government of Jharkhand, Project
Building, P.O. & P.S. Dhurwa, Dist. Ranchi, Jharkhand
4. The Deputy Commissioner, East Singhbhum at Jamshedpur, P.O. & P.S.
Jamshedpur, District- East Singhbhum
5. The Superintendent of Police, East Singhbhum at Jamshedpur, P.O. &
P.S. Jamshedpur, District- East Singhbhum
6. The Circle Officer, Musabani, P.O. & P.S. Musabani, District- East
Singhbhum
7. The Officer In-Charge, Police Station Musabani, P.O. & P.S. Musabani,
District- East Singhbhum ... Respondents
-----
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
-----
For the Petitioner : Mr. M.M. Sharma, Advocate
For the Respondent-State : Mr. Rahul Kamlesh, A.C. to S.C.-IV
-----
04/19.01.2021. Heard Mr. M.M. Sharma, learned counsel for the petitioner and
Mr. Rahul Kamlesh, learned counsel for the respondent-State.
This writ petition has been heard through Video Conferencing in view
of the guidelines of the High Court taking into account the situation arising
due to COVID-19 pandemic. None of the parties have complained about any
technical snag of audio-video and with their consent this matter has been
heard on merit.
The petitioner has preferred this writ petition for direction upon the
respondents for floating of advertisement for the post of Village Chowkidar
in East Singhbhum District pursuant to the direction issued by respondent
no. 2 vide memo no. 522 dated 29.01.2020 contained in Annexure-6 in
compliance of order of this Hon'ble Court passed in Cont. Case (Civil) No. 71
of 2019 dated 22.01.2020 and order passed in W.P.(S) No. 960 of 2016 and
analogous cases in the light of direction of the Hon'ble Supreme Court.
The petitioner is working as Village Chowkidar since 2001. He has
knocked the door of this Court for a direction upon the respondents to issue
appointment letter with confirmation in service with retrospective effect i.e.
the date from which he was working as such and to release current as well
as arrears of salary. There is a provision and requirement of Village
Chowkidar and in light of that, petitioner and others had been appointed to
work as Village Chowkidars on the recommendations made by Mukhia/
MLAs and they have been continuously working as such. However, despite
the fact that petitioner and others are working since long and helping the
police and administration, they are not being paid anything in lieu thereof.
Though the respondents have given assurance for consideration of the case
of the petitioner, but till date his grievance has not been redressed. Due to
laches and inaction on part of the respondents, the petitioner and his family
members are suffering.
Learned counsel appearing on behalf of petitioner submits that similar
prayers had been made in W.P.(S) No. 5832 of 2013, which has been
disposed of directing the respondent authorities to take decision and pass
appropriate order. The petitioner is performing his duties with due diligence
and helping the villagers, police and administration, but his grievance has
not been redressed and except assurances, he has been given nothing.
Mr. Rahul Kamlesh, learned counsel appearing on behalf of the
respondent-State submits that petitioner has no right to claim regularization
as the same would be in teeth of various orders and judgments passed by
this Court. He further submits that the issue has already been decided in
the case of Surender Paswan and others Vs. State of Bihar and
others, reported in (2010) 6 SCC 680. However, he does not object if the
writ petition is disposed of in light of order passed in W.P.(S) No. 5832 of
2013.
Be that as it may, the Hon'ble Supreme Court in the case of
Surender Paswan and others (Supra) has held in para-3 as under:
"3. This Court in Yogender Pal Singh v. Union of India held
that an opportunity to get into public service should be
extended to all citizens equally; that any preference shown in
the matter of public employment on the ground of descent
alone was unconstitutional; and that any provision which
conferred a preferential right to appointment on the
descendants or other relatives of persons either in service or
persons who retired from service, merely because they
happened to be the children or wards of such employees,
would be contrary to Article 16 of the Constitution."
The case of Surender Paswan and others was disposed of by the
Hon'ble Supreme Court with the following directions:
(i) The direction contained in the High Court's order dated 7-4-
1997 to hold fresh selection process for the posts of
chowkidars is reiterated.
(ii) Having regard to the fact that the Bihar Chowkidar
Gradation Rules, 2006 have come into force, the selections will
be done by the Selection Committee constituted as per the said
Rules, in accordance with the said Rules, instead of by the
District Collector.
(iii) The appellants and respondents 4 to 27 will be entitled to
apply for the post, subject to fulfilling the eligibility criteria as
per the said Rules. However, the age relaxation shall be given
in the case of the appellants and Respondents 4 to 27 and they
will be entitled to apply irrespective of their present age,
subject to fulfilment of eligibility requirements.
(iv) Respondents 1 to 3 are directed to initiate the process of
selection and complete the same within six months and till
such selection and appointment, the present incumbents will
be entitled to continue as chowkidars purely on ad hoc basis.
In the facts and circumstances of the case and after perusing the
records as well as various directions passed by this Court as well as by the
Hon'ble Supreme Court, the writ petition is being disposed of directing the
respondents to float fresh advertisement for regular appointment of
Chowkidars within a period of three months and the same shall be guided
by the orders and directions passed by this Court as well as by the Hon'ble
Supreme Court. The respondents shall also consider the case of the
petitioner and other similarly situated persons for granting age relaxation
and also for granting weightage for their past services. Needless to say the
present petitioner will be entitled to apply irrespective of his present age,
subject to fulfilment of eligibility requirements.
With the above observations and directions, this writ petition stands
disposed of.
(Sanjay Kumar Dwivedi, J.)
Ajay/
