RAM SURAT PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner seeks direction for his appointment as Chaukidar in Beat No. 5 (1) of Chanpatia Police Station on the retirement of his father on the post of Chaukidar in May, 2000:

(2.) The basis of the petitioner's claim is Letter No. 11287 dated 20-12-1995 of the Home (Police) Department, Government of Bihar. Reference may straightway be made to the said letter. The letter appears to have been issued upon sympathetic consideration of the demands made by an Association called Bihar State Dafadar Panchayat. It inter alia provides for one time appointment of a dependent namely, wife or son or brother or nephew or daughter's son as Chaukidar on the retirement of Chaukidar/Dafadar after 1-1-1990. It also provides for compassionate appointment of one of the dependents on the death of Dafadar in harness. In this case we are not concerned with that part of the letter. The only question for consideration is whether on the retirement of the incumbent Chaukidar any of his dependents can be appointed in his place.

(3.) It is not in dispute that rules have been framed for appointment on the post of Chaukidar and the decision of the Government to appoint a dependent of retiring Chaukidar is just an exception to the rule. In this order I do not propose to go into the question as to whether the decision supplements or supplants the rule relating to appointment on the post of Chaukidar. I propose to deal with only one aspect of the case which is the thrust of the letter as to whether a person can claim any right to appointment on the post by descent. It is to be kept in mind that in Rajpati Dubey v. State of Bihar, 1973 BUR 558, a Division Bench of this Court has held that the post of Dafadar/Chawkidar is a civil post under the State.