LAWS(PAT)-2011-9-248

RAJ KARAN PASWAN Vs. STATE OF BIHAR

Decided On September 13, 2011
Raj Karan Paswan Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) This writ petition has been filed praying inter alia to direct the respondents to appoint the petitioner as Chaukidar as his father superannuated while serving as Chaukidar with effect from 30.01.2003. In this connection, reliance is placed on the proceeding of the appointment committee dated 9.10.2003 whereunder the case of the petitioner was recommended for appointment on the post of Chaukidar vide serial no.25 of the proceeding dated 9.10.2003. The post of Chaukidar having become a civil post under notification of the Government, there could not have been any appointment on the post of Chaukidar without conducting selection process to satisfy the norms of Articles 14, 16 of the Constitution. Appreciating such fact Government itself issued circular letter no. 12094 dated 11.11.2004 and FAX message no.4060 dated 4.5.2005. Petitioner being the son cannot be appointed on the post held by his father. In the circumstances, I do not find any merit in the writ petition, which is accordingly, dismissed.