GANESH MARANDIH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ application has been filed for issuance of a direction to the Respondent -authorities to appoint the petitioner on the post of Chowkidar of Beat No. 1/19 at Mouza Bhilai under Maheshpur Police Station in the district of Pakur after cancelling the appointment of Respondent No. 5 to the said post.

(2.) THE case of the petitioner is that the grandfather and the great grandfather of the petitioner were appointed as Chowkidars of Beat No. 1/19 at Mouza Bhilai under Maheshpur Police Station within the district of Pakur and their names were recorded in the last survey settlement as Chowkidars. At the time of the death of the petitioner's grandfather, the father of the petitioner was minor and as such upon the death of the petitioner -'s grandfather, the father of the Respondent NO.5, namely, Ram Hembram was appointed as Chowkidar. Though subsequently, by the Notification of the State Government, Chowkidars were declared as Government servants in 1990 but the service of Ram' Hembram was not confirmed and he was removed from service within three months from the date of appointment. Consequent upon the removal, the post of Chowkidar of the aforesaid Beat fell vacant. The petitioner thereafter made an application for his appointment in the vacant post of Chowkidar on 16.9.1996 on the basis of the recommendations made by the Officer in -charge of the Maheshpur Police Station and also recommendations made by the Circle Officer, Maheshpur and his application alongwith the recommendations, was forwarded to the competent authority by the Circle Officer on 18.12.1997. The recommendations made by the Circle Officer were based on the genealogical table showing the petitioner's relationship with the recorded Chowkidars. Further, similar recommendations were made by the 16 Annas Raiyats of the said Village in favour of the petitioner for his appointment to the post of Chowkidar. It is further stated that when the matter of appointment was pending, the Respondent NO.5 applied for his appointment to the said post on 13.3.2000 on the ground that his father was the last appointed Chowkidar. Though the representation was submitted by the 16 Annas Raiyats of the village to the Respondent No. 3 on 3.1 .2002 for rejecting the claim of the Respondent No. 5 for his appointment to the post of Chowkidar and subsequently another similar representation was submitted on 20.1.2003, but rejecting all such recommendations made in favour of the petitioner, the Respondent No. 3 has illegally appointed Respondent No. 5 as the Chowkidar of the Beat No. 1/19 of Mouza Bhilai on 3.1.2003 after rejecting the application of the petitioner.

(3.) FROM the facts stated, it transpires that though the great grandfather of the petitioner was appointed as Chowkidar in respect of the Beat No. 1/19 at Mouza Bhilai under Maheshpur Police Station within the district of Pakur from 1933 to 1939. and the same was shown in the survey records but even during the tenure of his office, his attendance has not been marked at the concerned Police Station and furthermore, after his retirement, there was no other person in his hereditary line to claim appointment to the said post. It.