Sanjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4436 of 2023 ====================================================== Sanjay Kumar Singh Son of Abdhesh Kumar Singh alias Awdhesh Kumar Singh Resident of Village- Raghaulia, P.S. Phesar, District- Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Home Department, Government of Bihar at Patna.

2.

The District Collector-Cum-Chairman, Voluntary Retirement Committee of Dafadar/Chaukidar, Aurangabad.

3.

The Superintendent of Police, Aurangabad.

4.

The Deputy Development Commissioner, Aurangabad. 5.

The Deputy Collector (Establishment), Aurangabad. 6.

The In-Charge Officer, General Administration Section, Aurangabad. 7.

The Sub- Divisional Officer, Aurangabad.

8.

The Sub-Divisional Officer, Daudnagar, District- Aurangabad. 9.

The Executive Engineer, PHED, Aurangabad.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kr. Alok, Advocate Mr.Bhola Kumar, Advocate Mr.Ravi Shankar, Advocate For the Respondent/s :

Mr. Sanjay Kumar Ghosarway, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, in the present case, is seeking the following reliefs:

"(A) For issuance of Writ of certiorari or any other appropriate writ quashing the order dated 16.09.2019 contained in Memo No. 6 Mu/Sa. dated 16.09.2019 (Annexure-2) with regard to the petitioner whereby the appointment of the petitioner on the post of Choukidar in the district of Aurangabad has illegally been declined.

Patna High Court CWJC No.4436 of 2023(3) dt.03-05-2023 2/2 B. For commanding the respondents concerned to appoint the petitioner on the place of his father in the terms of Rule-5, Sub-Rule (Ka) of the Bihar Chaukidari Cadre (Amendment) Rules, 2014.

© For passing any other order/direction/s or appropriate Writ/s in the facts and circumstances of the instant case." In view of the judgment of the Hon'ble Division Bench in the case of Devmuni Paswan Vs. The State of Bihar and Others (LPA No. 508 of 2022), the very basis on which the petitioner is claiming his appointment as Chowkidar has vanished, therefore, this writ application cannot proceed. This Writ Application is dismissed but with liberty to the petitioner to file a fresh writ application, if the said Hon'ble Division Bench judgment is interfered with or reviewed at appropriate level.

(Rajeev Ranjan Prasad, J) Rajeev/- U