Chandrshekhar Ajad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5485 of 2019 ====================================================== Chandrshekhar Ajad, aged about 28 years, Gender-Male, Son of Darogi Tanti, Resident of Village-Bhuna, P.O.-Lagma, P.S.-Sangrampur, District-Munger. ... ... Petitioner/s

Versus

1.

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

2.

The Joint Secretary, Home Department (Special Branch), Bihar, Patna. 3.

The Addl. Secretary, Home (Police) Department, Bihar, Patna. 4.

The Principal Secretary, General Administration Department, Bihar, Patna. 5.

The Commissioner, Munger Division, Munger.

6.

The District Magistrate, Munger.

7.

The Officer-on-Special Duty -cum-Officer Incharge of the District General Branch, Munger.

8.

The Circle Officer, Sangrampur, District-Munger. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukul Jee, Adv.

For the Respondent/s :

Mr. Manish Kumar (GP-4) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 09-04-2019 The petitioner, who has been nominated by his father to be appointed as Chowkidar in his place for which he had sought voluntary retirement prior to his scheduled date of superannuation, has approached this Court for a direction

Patna High Court CWJC No.5485 of 2019 dt.09-04-2019 2/3 to the concerned authorities for taking a decision over his representation.

2. From the writ petition, it appears that the father of the petitioner was to superannuate as a Chowkidar on 30.06.2015; but in accordance with the scheme for compassionate appointment, the father of the petitioner retired on 27.05.2015, i.e., a month prior to the scheduled date of superannuation and also nominated his son for the purposes of petitioner's appointment on his place as Chowkidar. The petitioner has the requisite qualification of matriculation and his date of birth is 15.01.1990.

3. The application preferred by the petitioner, which is to be decided by a Committee headed by the District Magistrate of the concerned District, has not yet been adverted to or decided.

4. Under the aforesaid circumstances, this Court directs the petitioner to make a representation/application before the District Magistrate, Munger (respondent No. 6), enclosing a copy of this order and with a prayer to take a decision with respect to his candidature for being appointed

Patna High Court CWJC No.5485 of 2019 dt.09-04-2019 3/3 in place of his father as a Chowkidar.

5. Should such a representation/application be filed within a period of four weeks from today, the concerned District Magistrate (respondent No. 6) shall dispose off such representation/application, after placing the matter before the Committee which is required to deliberate upon the issue, within a further period of six weeks thereafter.

6. With the aforesaid observation/direction, the writ petitions stands disposed off.

(Ashutosh Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 11.04.2019 Transmission Date N/A