SURENDER PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) This matter relates to the appointment of Chowkidars (village watchmen) in Madhepura District, Bihar. The appellants allege that in the pre-constitutional set-up, the practice in Bihar was to appoint village Chowkidars for lifetime who used to work without any leave or retirement. During his illness or absence, any of his family members would assist him in performance of his duties; and when he died or became infirm, usually his family member nominated by him would take over the functions of Chowkidar, though the post was not strictly hereditary. In the post- constitutional set-up, there was a gradual change in the village administration and several lifetime or hereditary or semi-hereditary appointments gave way to regular public service with appointments based on equal opportunity. This Court in Yogender Pal Singh v. Union of India, (1987) 1 SCC 631 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 descendents 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.

(3.) The post of Chowkidar was included in Class IV service of the State Government vide proceedings of the State Government dated 20.3.1990. On 3.10.1994, an advertisement for appointment on the post of Chowkidars/Daffedars was published as per the order of the District Magistrate, Madhepura. Selections were made on 1.8.1995. On 14.8.1995, the selected candidates (respondents 4 to 27 and five others), were appointed as Chowkidars/Daffedars and sent for training in September, 1995.