Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11053 of 2019 ====================================================== Raju Kumar S/o Tarni Paswan Vill.- Dudhaila, P.s.- Madhepura, Distt.- Madhepura ... ... Petitioner/s

Versus

1.

The State of Bihar Through Director General of Police, Patna 2.

The District Magistrate-cum Madhepura 3.

The Superintendent Madhepura 4.

The Circle Officer Madhepura ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Chand Prasad, Adv.

For the Respondent/s :

Md. N.H.Khan, SC-1 Mrs. Babita Kumari, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 18-06-2025 Heard the parties.

2. The petitioner is aggrieved with the letter as contained in Memo No. 35 dated 07.01.2019, issued by the District Magistrate, Madhepura whereby the application filed by the petitioner's father for compassionate appointment of petitioner on the post of Chaukidar came to be rejected.

3. Learned Advocate for the State, at the outset, submitted that the issue raised before this Court has already been settled by a decision of the learned Division Bench of this Court in case of Devmuni Paswan Vs. The State of Bihar & Ors., reported in, 2023 (2) PLJR 425, wherein the declaration of Clause 5(7) of the Bihar Chaukidari Cadre (Amendment) Rules,

Patna High Court CWJC No.11053 of 2019(3) dt.18-06-2025 2/2 2014 being held ultra vires and violative of Articles 14 and 16 of the Constitution of India. It has also been apprised to this Court that the challenge to the decision rendered by the learned Division Bench also failed before the Hon'ble Supreme Court.

4. Considering the aforesaid facts that the issue already came to be settled and now no relief could have been granted to the petitioner, the present writ petition stands closed. (Harish Kumar, J) shivank/- U