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Judgment
Heard Mr. M.M. Sharma, learned counsel for the petitioners and Mr. Sreenu Garapati, learned counsel for the respondent-State.
This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due
to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been
heard.
The petitioner has preferred this writ petition for direction upon the respondents for floating of advertisement for the posts of Chowkidars in East
Singhbhum District pursuant to the direction issued by respondent no. 2 vide memo no. 522 dated 29.01.2020 contained in Annexure-6 in compliance
of order of this Hon'ble Court passed in Cont. Case (Civil) No. 71 of 2019 dated 22.01.2020 and order passed in W.P.(S) No. 960 of 2016 and
analogous cases in the light of direction of the Hon'ble Supreme Court.
Petitioners are allegedly working as Village Chowkidar in respective villages, have knocked door of this Court for a direction upon the respondents to
issue appointment letters with confirmation in service with retrospective effect i.e. the date from which they were working as such and to release
current as well as arrears of salary. There is a provision and requirements of Village Chowkidars and in light of that, petitioners and others had been
appointed to work as Village Chowkidars on recommendations made by Mukhia/ MLAs and have been continuously working as such. However,
despite the fact that petitioners and others are working since long and helping the police and administration, they are not being paid anything in lieu
thereof. Though the respondents have given assurance for consideration of case of the petitioners but till date their grievances have not been
redressed. Due to laches and inaction on part of the respondents, petitioners and their family members are suffering. Learned counsel appearing on
behalf of petitioners submit that similar prayers had been made in W.P.(S) No. 5832 of 2013, which has been disposed of directing the respondents
authorities to take decision and pass appropriate order. Petitioners are performing their duties with due diligence and helping the villagers, police and
administration but their grievance has not been redressed and except assurances, they have been given nothing.
Mr. Sreenu Garapati, learned counsel appearing on behalf of the respondents-State submits that petitioners have no right to claim regularization as the
same would be in teeth of various orders and judgments passed by this Court. Learned counsel further submits that the issue has already been decided
in the case of ""Surender Paswan and others Vs. State of Bihar and others ""reported in (2010) 6 SCC 680. Learned counsel however does not object if
the writ petition is disposed of in light of orders passed in W.P.(S) No. 5832 of 2013.
Be that as it may, the Hon'ble Supreme Court in the case of Surender Paswan and others (Supra) has held in para-3 as under:
This Court in Yogender Pal Singh v. Union of India 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 descendants 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.
The case of Surender Paswan and others was disposed of by the Hon'ble Supreme Court 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, the 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.
In the facts and circumstances of the case and after perusing the records as well as various directions passed by this Court as well as by the Hon'ble
Apex Court, the writ petition is being disposed of directing the respondents to float fresh advertisement for regular appointment of Chowkidars within
a period of three months and the same shall be guided by the orders and directions passed by this Court as well as by the Hon'ble Apex Court. The
respondents shall also consider the case of the petitioners and other similarly situated persons for granting age relaxation and also for granting
weightage for their past services. Needless to say the present petitioners will be entitled to apply irrespective of their present age, subject to fulfilment
of eligibility requirements.
With the above observations and directions, this writ petition stands disposed of.