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Patna High CourtCWJC/12990/2013disposed

Raj Kumar Paswan v. The State Of Bihar And ORS

2016-10-04Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12990 of 2013 =========================================================== Raj Kumar Paswan, Son of Late Basudeo Paswan, resident of Village- Gospur, P.S.- Salkhua, District- Saharsa .... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Department of Home (Police) Government of Bihar, Patna

2. The Secretary, Department of Home (Police), Government of Bihar, Patna

3. The District Magistrate, Saharsa .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Rashmi Jha, Adv. For the Respondent/s : Mr. Ravi Verma, A.C. to G.A-7 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 04-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The present matter relates to the appointment of Chowkidar on 'Awajee. Before enforcement of 2006 Rules, it was considered to be hereditary right, but after the enforcement of 2006 Rules, it is no longer the same right.

The Establishment Committee has prepared the merit list names of 70 persons to fill up the vacant posts of Chowkidar. In the said list the name of the petitioner is standing. Out of 70 people, 52 persons were appointed, rest could not be adjusted. Certain persons approached this Court in C.W.J.C. No.11769 of 2007 and this Court vide order dated 08.04.2011 disposed of the said petition

Patna High Court CWJC No.12990 of 2013 dt.04-10-2016 2/2 with a direction to the petitioners to approach the Collector, who will examine the case of those persons.

In such view of the matter, this writ application is also disposed of in terms of the order dated 08.04.2011 passed in C.W.J.C. No.11769 of 2007. Accordingly, the petitioner is directed to file a representation to the District Magistrate, Saharsa. If such a representation is filed, the District Magistrate, Saharsa, shall decide the same in the same manner as has been decided in the case of C.W.J.C. No.11769 of 2007.

With the aforesaid observations and directions, this writ application is disposed of.

(Shivaji Pandey, J) pawan/- U