Jharkhand High Court

Nijen Kumar Bhokta vs The State Of Jharkhand Through The Chief ... on 24 July, 2025

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    L.P.A. No. 735 of 2023
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1. Nijen Kumar Bhokta, aged 38 years, S/o Sri Balram Bhokta, resident of Village-Shripur, P.O. -Geria, P.S.- Bindapathar, District -Jamtara (Jharkhand)

2. Sadhu Charan Gorai, aged 39 years, S/o Sri Madan Gorai, resident of Village- Deoli, P.O.- Babupur, P.S.-Kundhait, Distt.-Jamtara (Jharkhand)

3. Mantosh Bagti, aged 40 years, S/o Sri Tapan Bagti, resident of Village and P.O-Amba, P.S.- Kundhait, District- Jamtara (Jharkhand)

4. Gopinath Bauri, aged 40 years, S/o Sri Lakhan Bauri, resident of Village- Rasunpur, P.O. Khajuri, P.S. Kundhait, District Jamtara (Jharkhand)

5. Tapas Yadav, aged 33 years, S/o Sri Krishna Pada Yadav, resident of Village -Jalai, P.O.- Harirakha, P.S.- Bindapathar, District-Jamtara (Jharkhand)

6. Panchanan Pandit, aged 39 years, S/o Sri Chuku Pandit, resident of Village- Bhogikatta, P.O.- Geria, P.S.- Bindapathar, District -Jamtara (Jharkhand)

7. Rajiv Ranjan Rout, aged 38 years, S/o Sri Bimal Rout, resident of Village- Barwa, P.O. Mohnabad, P.S.- Bindapathar, District -Jamtara (Jharkhand)

8. Jiban Bauri, aged 40 years, S/o Sri Suresh Bauri, resident of Village -Kasta, P.O.- Kalipahari, P.S. Nala, District Jamtara (Jharkhand)

9. Manik Chandra Roy, aged 39 years, S/o Sri Mritunjay Roy, resident of Village- Basti Palajori, P.O. -Chapuria, P.S.- Bindapathar, District-Jamtara (Jharkhand) ... ... Petitioners/Appellants Versus

1. The State of Jharkhand through the Chief Secretary, Govt. of Jharkhand, Ranchi, Project Building, Dhurwa, P.O. & P.S.- Dhurwa, District-Ranchi (Jharkhand)

2. The Additional Chief Secretary-cum- Principal Secretary, Home, Jail and Disaster Management Department, Jharkhand, Project Building, Dhurwa, P.O. & P.S. -Dhurwa, District-Ranchi.

3. The Joint Secretary to the Govt., Home, Jail and Disaster Management Department, Jharkhand, Project Building, Dhurwa, P.O. & P.S.- Dhurwa, District-Ranchi (Jharkhand)

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4. The Deputy Commissioner, Jamtara, P.O. & P.S. Jamtara, District - Jamtara (Jharkhand)

5. The Superintendent of Police, Jamtara, P.O. and P.S.- Jamtara, District - Jamtara (Jharkhand)

-----Respondents/Respondents

6. Sanatan Bauri, S/o Sri Srikant Bauri, resident of Village- Murrabahal, P.O.- Tilaki, P.S.-Bindapathar, District Jamtara (Jharkhand)

7. Dhulan Mirdha, S/o Sri Ramayan Mirdha, resident of Village & P.O.- Manihari, P.S.-Bindapathar, District-Jamtara (Jharkhand)

8. Chhoto Murmu, S/o Sri Dasrath Murmu, resident of Village Ambawa, P.O.- Harirakha, P.S. -Bindapathar, District- Jamtara (Jharkhand)

9. Khokan Bauri, S/o Sri Hiralal Bauri, resident of Village - Hidaljori, P.O.- Tarra, P.S.- Bindapathar, District-Jamtara (Jharkhand)

10. Nimai Rout, S/o Sri Sudhir Rout, resident of Village- Mohjori, P.O.- Manihari, P.S.- Bindapathar, District- Jamtara(Jharkhand)

11. Ram Kishor Tudu, S/o Sri Hemlal Tudu, resident of Village and P.O.- Bewa, P.S.- Jamtara, District-Jamtara (Jharkhand)

12. Jiamuni Soren, D/o Late Som Soren, resident of Village Suriapani, P.O. and P.S.- Nala, District - Jamtara (Jharkhand)

Petitioners/Performa Respondents

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CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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For the Appellants : Mr. Anjani Kr. Verma, Advocate For the Respondents : Mr. Rakesh Kumar Shahi, AC to S.C (L&C)-I

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th Order No. 08: Dated 24 July, 2025

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1. Heard. For the reasons stated in the application which

is duly supported by the affidavit of the appellants, we find

sufficient cause to condone the delay of 381 days in filing the

appeal.

2. Accordingly, the instant application being I.A. No. 11736

of 2023 stands allowed and delay in filing the appeal is

condoned.

3. The instant intra-court appeal, under Clause 10 of the

Letters Patent, is directed against the order dated 01.11.2022

passed in W.P. (S) No. 5452 of 2016, by which the writ

petition has been dismissed holding that since the

appointment in a public post by way of inheritance is void ab

initio, same being against the constitutional mandate,

therefore, the State is correct in removing the petitioners from

service and no benefit can be granted to the petitioners who

were illegally appointed against the scheme of Constitution.

4. It is the case of the writ petitioners-appellants that they

were duly appointed on the post of Chaukidar between

07.07.2010 to 29.01.2011 by the Deputy Commissioner,

Jamtara, as per decision taken by the District Level

Chaukidar Selection Committee in its meeting on 03.06.2010;

15.09.2010 and 04.01.2011 held under the chairmanship of

Deputy Commissioner, Jamtara in pursuant to Government

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Memo No. 11287 dated 20.12.1995 as well as other

circulars/ letters issued by the Home Department,

Government of Bihar/Jharkhand State. The petitioners-

appellants after their appointment on the said post joined

their respective Police Stations and continued to perform

their duties.

5. The Department of Home, Government of Jharkhand

vide letter dated 23.05.2014 directed the Deputy

Commissioners of all the districts of the State of Jharkhand,

enclosing therewith copy of order dated 17.11.2011 passed in

W.P. (S) No. 2072 of 2007 [Nandan Lohra vs. State of

Jharkhand & Ors] to stay the matter related to the

appointment of dependent/nominee of the

Chaukidar/Dafadar, who retired after 01.01.1990 as one time

exception.

6. Thereafter, the Department of Home, Government of

Jharkhand issued letter dated 23.12.2015 directing the

Deputy Commissioners of all the districts of State of

Jharkhand to show cause to all the Chaukidar having been

appointed being the dependant nominee of

Chaukidar/Dafadar, who retired after 01.01.1990 as one time

exception, as to why they should not be terminated from

service in compliance of order dated 17.11.2011 passed in

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W.P. (S) No. 2072 of 2007 [Nandan Lohra vs. State of

Jharkhand & Ors].

7. Pursuant thereto, vide order dated 22.06.2016 issued by

the Deputy Commissioner, Jamtara, the petitioners-

appellants and other similarly situated chaukidars were

terminated from services giving reference of order dated

09.03.2016 passed in W.P. (PIL) No. 1048 of 2016 arising out

of L.P.A. No. 437 of 2014 that allowing those

Chaukidars/dafadars who have been appointed between

19.04.2010 to 17.11.2011 on the basis of

nomination/hereditary basis is contrary to rules of

Jharkhand Chaukidar Gradation Rules, 2015.

8. Aggrieved thereof, the writ petitioners-appellants have

approached this Court by filing writ petition being W.P.(S) No.

5452 of 2016, which was dismissed vide order dated

01.11.2022, against which, the instant intra-court appeal has

been filed.

9. At the outset, learned counsel for the respondents-State

of Jharkhand has submitted that similar issue has been

decided by this Court in L.P.A. No. 334 of 2022 vide order

dated 08.08.2023, taking note of the order passed in L.P.A.

No. 303 of 2022 and analogous cases [Bhola Ram & Ors

Vs. The State of Jharkhand & Ors] wherein the Division

Bench of this Court while disposing of the appeal has taken

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into consideration the order passed by the Hon'ble Apex

Court in the Case of Surender Paswan & Ors. vs. State of

Bihar & Ors. reported in (2010) 6 SCC 680.

10. Learned counsel for the appellants does not dispute

aforesaid fact.

11. Learned counsel for the respondents-State, therefore,

has made submission that the instant appeal may also be

disposed of in terms of the order passed in L.P.A. No. 334 of

2022 and L.P.A. No. 303 of 2022.

12. This Court has considered the submissions advanced on

behalf of parties as also gone through the order passed in

L.P.A. No. 303 of 2022 and L.P.A. No. 334 of 2022.

13. For ready reference, the relevant paragraphs 48 to 52 of

the judgment passed in L.P.A. No. 303 of 2022 and analogous

cases [Bhola Ram & Ors Vs. The State of Jharkhand & Ors]

are quoted as under:

"48. It appears from the impugned order and the fact is admitted that all the appellants were appointed after 19.04.2010. Once the orders have been passed by the Hon'ble Apex Court as in the case Surender Paswan & Ors. (Supra) wherein the order passed in C.W.J.C. No. 7374 of 1995 decided on 07.04.1997 by refusing the prayers made on behalf of the legal heirs of the Chowkidars appointed in village within the year 1990 and 1995, the same ultimately culminated into Special Leave Petition converted to the Civil Appeal i.e. the case of Surender Paswan & Ors. (Supra) and wherein this Court has passed the following direction as would appear from paras-17 & 18 thereof, which reads as under:

"17. As a result, the only course remaining is to direct implementation of the last direction contained in the order

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dated 7.4.1997, that is, to have a fresh open selection process on merits. However, in view of the subsequent events, certain modifications are required in regard to the authority to conduct the fresh selections and in regard to age relaxation for the appellants and the respondents who were earlier appointed and whose appointments have been found to be invalid / irregular.

18. We therefore dispose of this appeal 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, 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."

49. It appears that L.P.A. No. 437 of 2014 which subsequently was converted into W.P.(P.I.L.) No.1048 of 2016 wherein also the similar issue has been taken note based upon the order passed in that regard in W.P.(S) No. 2072 of 2007 wherein, by filing an affidavit it was informed that the services of all the legal heirs of the Chowkidars had been dispensed with who have got service on the basis of inheritance after 19.04.2010.

50. Herein also the appointments are made after 19.04.2010. Once the order has been passed by the Constitutional Court more particularly the ratio has been decided herein by the Hon'ble Apex

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Court, the same having taken the force of the law of land and such the same is binding even in absence of any statutory rule.

51. Here the argument of the writ petitioner that the appointment was prior to coming into effect of rule of 2015 and hence their services should not have been dispensed with, according to our considered view, the decision of dispensing with the services has been taken on the basis of the order passed by the Hon'ble Apex Court in the case of Surender Paswan & Ors. (Supra) and the order passed by this Court in W.P.(P.I.L.) No.1048 of 2016 therefore, even in absence of any rule once the Court of law has declared such appointment to be contrary to Article 14 and 16 of the Constitution of India, the same has to go.

52. Accordingly, in such circumstances, decision has been taken for dispensing with the services, the same according to our considered view cannot be said to suffer from any infirmity. This Court has discussed the factual aspect and coming to the order passed by the learned Single Judge where from it is evident that the learned Single Judge has also given due consideration of the implication of the judgement passed by the Hon'ble Apex Court in the case of Surender Paswan & Ors. (Supra) on the basis upon which the impugned order dated 21.06.2022 has been declined to be interfered with.".

14. Even otherwise also, it requires to refer herein, Article

16(1) of the Constitution of India speaks about the right to

equality in the matter of public employment and confers

fundamental right to treat all similarly situated person

equally in the matter of public employment and in case, if

there is government policy is inconsistent with the

constitutional mandate, the constitutional mandate will

prevail and not the circular like the facts of this case.

15. In view thereof, the instant appeal fails and is dismissed

in terms of order passed in L.P.A. No. 303 of 2022 and

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analogous cases [Bhola Ram & Ors Vs. The State of