Bamna Pahariya vs The State Of Jharkhand
2023 Latest Caselaw 879 Jhar

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                W.P. (S) No. 5481 of 2019
             1. Bamna Pahariya
             2. Subhash Malto @ Pahariya.                              ......Petitioner(s).
                                         Versus
             1. The State of Jharkhand
             2. The Chief Secretary, Govt. of Jharkhand, Ranchi.
             3. The Home Secretary, Govt. of Jharkhand, Ranchi.
             4. The Director General-cum-Inspector General of Police, Jharkhand, Ranchi.
             5. The Deputy Commissioner, Sahebganj                    ....Respondents.
                                        With
                                  W.P. (S) No. 2781 of 2016
             1. Birbal Bhuiyan
             2. Jamil Ahmad Ansari
             3. Mahendra Ram
             4. Punit Kumar Paswan
             5. Shashikant Kumar
             6. Purushottam Paswan
             7. Rajmani Ram
             8. Umesh Ram
             9. Shiv Kumar
             10. Sanjay Kumar Ram
             11. Shailesh Kumar Paswan
             12. Anirudh Singh
             13. Ramji Ram
             14. Satyanarayan Mahjhi.                            ......Petitioner(s).
                                         Versus
             1. The State of Jharkhand
             2. The Chief Secretary, Govt. of Jharkhand, Ranchi.
             3. The Home Secretary, Govt. of Jharkhand, Ranchi.
             4. The Director General-cum-Inspector General of Police, Jharkhand, Ranchi.
             5. The Deputy Commissioner, Palamau                 ....Respondents.
                                        With
                                  W.P. (S) No. 165 of 2018
             1.   Dinesh Paswan
             2.   Awadh Bihari Paswan
             3.   Kapil Dev Paswan
             4.   Anuj Kumar
             5.   Tarkeshwar Kumar @ Tarkeshwar Paswan             ......Petitioner(s).
                                          Versus
             1.   The State of Jharkhand
             2.   The Chief Secretary, Govt. of Jharkhand, Ranchi.
             3.   The Home Secretary, Govt. of Jharkhand, Ranchi.
             4.   The Director General-cum-Inspector General of Police, Jharkhand, Ranchi.
             5.   The Deputy Commissioner, Garhwa                  ....Respondents.
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          CORAM          :    HON'BLE MR. JUSTICE ANANDA SEN.
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For the petitioner(s): Mr. Diwakar Upadhyay, Advocate. For the Respondents: M/s Ashutosh Anand, AAG-III & Binit Chandra, AC to AAG-III.

M/s Indranil Bhaduri, SC-IV and Divyam, AC to SC-IV. M/s Chaitali C. Sinha, AC to AAG & Aman Kumar, AC to GP-I.

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06/23.02.2023: The petitioners were appointed as Chowkidar, but they have been dismissed on the ground that their appointments were made on the basis of inheritance.

2. It is an admitted case that the respective fathers of these petitioners were Chowkidars and after their death, solely on the basis of inheritance, these petitioners were appointed to the post of Chowkidar.

3. The Hon'ble Division Bench of this Court in LPA No. 196 of 2012 (Nandan Lohra Vs. the State of Jharkhand and Ors.) and LPA No. 404 of 2012 ((Bhola Nath Kumar Vs. the State of Jharkhand and Ors.) has held that this type of appointment in public post by way of inheritance is against the principle of Constitution.

4. Further, the Hon'ble Supreme Court in the case of Ahmednagar Mahanagar Palika Vs. Ahmednagar Mahanager Palika Kamgar Union reported in 2022 SCC Online SC 1154 has held that any appointment in public post, which is based on inheritance, is illegal and is against the fundamentals of the Constitution.

5. Considering the aforesaid judgment, I find no illegality has been committed by the respondents in passing the impugned order, by which, the petitioners have been dismissed from their services.

6. Accordingly, these petitions are dismissed.

Anu/-Cp2. (ANANDA SEN, J.)