Jharkhand High Court
Silon Ray vs The State Of Jharkhand on 15 January, 2024
Author: S.N. Pathak
Bench: S.N.Pathak
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S). No. 7476 of 2012
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Silon Ray ............ Petitioner
Versus
1. The State of Jharkhand.
2. The Deputy Commissioner, Godda.
3. The Superintendent of Police, Godda.
4. The Circle Officer, Block Sundar Pahari, District Godda.
5. The Officer-in-Charge, P.S. Sundar Pahari, District Godda.
6. Mita Das, son of late Chetan Das, at present residing at village Chandana,
P.O. Chandana, P.S. Sundar Pahari, District Godda and working as
Choukidar of village Chandana, P.O. Chandana, P.S. Sundar Pahari,
District Godda.
............ Respondents
CORAM: HON'BLE DR. JUSTICE S.N.PATHAK
For the Petitioner : Mr. Purnendu Kr. Jha, Advocate
For the State of Jharkhand : AC to SC
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07/ 15.01.2024 Petitioner has thrown challenge to the order dated 17.09.2012
passed by the Deputy Commissioner, Godda in Misc. Pet. No.
15/2012-13 whereby the case of petitioner for appointment to the post
of Chowkidar has been rejected.
2. The petitioner claims that he should be considered for
appointment to the post of Chowkidar by way of inheritance.
3. Learned counsel for the petitioner submits that since father of
the petitioner died working as Chowkidar and after his death, the said
post is lying vacant as such, as per earlier practice, the petitioner is
claiming appointment to the post of Chowkidar.
4. On the other hand, learned counsel appearing for the
respondent-State vehemently opposing the contention of learned
counsel for the petitioner submits that petitioner cannot be considered
for appointment by way of inheritance and his case has been duly
considered by the Deputy Commissioner, Godda and after providing
ample opportunity of hearing to the petitioner, the Deputy
Commissioner rejected the claim of petitioner. Learned counsel
submits that now nothing remains to be adjudicated by this Court and
the writ petition may be dismissed in limine.
5. From the rival submissions of parties it appears that petitioner
has claimed his appointment on the basis of inheritance. However, no
appointment can be given dehors the rules. Any appointment without
adhering to the Public Advertisement is non est in the eyes of law.
Inheritance cannot be claimed as a basis of appointment.
The Hon'ble Apex Court in case of Surender Paswan and
others Vs. State of Bihar and others, reported in (2010) 6 SCC 680
has held 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 (supra) 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 3
RC 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.
6. This Court in W.P.(S). No. 5940 of 2017 (Vijay Singh Gope
Vs. the State of Jharkhand & Ors.), disposed of on 21.08.2018,
reiterating the same view, directed the respondents to take initiatives
for appointment of Chowkidars.
7. In instant case, since appointments are to be made to the post of
Chowkidar, in view of earlier order of this Court and in view of
celebrated judgment of Hon'ble Apex Court in case of Surender
Paswan and others (supra) I hereby direct the Deputy
Commissioner, Godda to come out with fresh Advertisement for
appointment of Chowkidar if not yet been done. Petitioner is at liberty to
participate in the said recruitment process and the same shall be guided
by the orders and directions passed by this Court as well as by the
Hon'ble Apex Court. The respondents shall 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 other eligibility
requirements. In pursuant to the aforesaid directions of the Hon'ble
Supreme Court, the respondents are directed to initiate the process of
selection and complete the same within six months.
8. With these observations and directions, this writ petition stands
disposed of.
(Dr. S.N. Pathak, J.)
kunal
