Alakh Nath Shikhar Singh vs The State Of Jharkhand & Ors
2022 Latest Caselaw 3698 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                      W.P. (S) No. 2887 of 2016
               1. Alakh Nath Shikhar Singh
               2. Suresh Kumar
               3. Bhim Mahto
               4. Subodh Lohra
               5. Rampratap Mukhiyar
               6. Parmeshwar Mahli
               7. Parmeshwar Paswan
               8. Arjun Mahli
               9. Ashok Lohar
               10. Dhaneshwar Yadav
               11. Mahbool Ansari
               12. Bhauwa Uraon............                        Petitioners
                                         Versus
               1. The State of Jharkhand & Ors
               2. Chief Secretary, Government of Jharkhand, Ranchi
               3. Home Secretary, Government of Jharkhand, Ranchi
               4. Director General-cum-Inspector General of Police, Ranchi
               5. Deputy Commissioner, Ranchi............                Respondents
                                         ......

Coram: Hon'ble Mr. Justice Ananda Sen ......

For the Petitioner : Mr. Birju Thakur, Advocate For the Respondents : Mr. A. Kumar, SC to SC (L&C)-II.

......

6/14.09.2022 Defects, pointed out by the office, are hereby ignored.

The matter is taken up on Board today for final disposal. The petitioners, in this application, pray to quash the order dated 06.05.2016, passed by the Deputy Commissioner, Ranchi, whereby the services of the petitioners as Chaukidar, were terminated. Admittedly, the petitioners were appointed as Chaukidar on the ground that their fathers or Kith or kin were Chaukidars. As father of the some of the petitioners expired, the petitioners were appointed and in some cases where the father of some of the petitioners superannuated in their places petitioners were appointed. Thereafter, the petitioners were dismissed as their appointment was illegal.

The issue is now well settled by the judgment of this Court passed in L.P.A. No. 196 of 2012 on 09.08.2019, whereby these types of appointment were deprecated. The Hon'ble Supreme Court in the case of "Ahmednagar Mahanagar Palika-versus- Ahmednagar Mahanagar Palika Kamgar Union, passed in C.A. No. 5944 of 2022", has also deprecated the mode of appointment, which takes into consideration only the hereditary aspects.

Thus, I find no merits in this writ application. Accordingly, this writ application is dismissed.

(Ananda Sen, J) Mukund/-cp.2