Raj Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1080 of 2023 ====================================================== Raj Narayan Singh Son of Bhagelu Singh @ Bhagelu Yadav Resident of Village- Chamila, Post Office- Jigana, Police Station- Sikraul, District- Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Home (Police) Department,Government of Bihar. 3.

The District Officer cum Collector, Buxar 4.

The In Charge Officer, District General Branch, Buxar 5.

The Superintendent of Police Buxar.

6.

The Anchal Adhikari, Itarhi, under district - Buxar. 7.

The Officer in Charge, Police Station, Sikraul, under district Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nitya Nand Tiwary, Advocate For the Respondent/s :

Mr. Md. Irshad, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and the State. Petitioner in the present case is seeking the following reliefs:- "(I) To set aside the impugned order/Memo No.021121 dated 22.06.2022 passed by the in-charge officer, District General Branch, Buxar as contained Annexure-P-8 in this writ petition, whereby an application for voluntary retirement and dependent employment of petitioner on the post of Chaukidar, has been illegally rejected.

(II) The direction may be issued to the respondent concerned to appoint the petitioner on the post of Chaukidar Circle 4 in the office of Circle Office, Sikraul, Police Station-Sikraul, district-Buxar in the

Patna High Court CWJC No.1080 of 2023(2) dt.02-05-2023 2/2 light of provisions of Bihar Chaukidar Cadre (Amendment) Rules-2014 because petitioner is son/dependent of Voluntary retire Bhagelu Yadav. Petitioner is duly eligible for the post of Chaukidar and he has due educational qualification.

(III) Any other direction may be issued for which petitioner is duly entitled in accordance with law." In view of the Hon'ble Division Bench judgment of this Court in the case of Devmuni Paswan versus The State of Bihar and Others (LPA No. 508 of 2022) the very basis on which the petitioner is claiming employment of his dependent has vanished. In such circumstance, no interference may be made to the impugned order.

This writ application is dismissed with liberty to the petitioner that in case the Hon'ble Division Bench judgment is reviewed or otherwise interfered with, the petitioner may file a fresh writ application.

(Rajeev Ranjan Prasad, J) arvind/- U