IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1304 of 2008 KAPILDEO RAI & ORS . Versus THE STATE OF BIHAR & ORS . ----------- 3/ 24/12/2009 Heard learned counsel for the petitioners and learned counsel for the State. Any appointment on the post of Choukidar, a Government post, after 1.1.1990 can only be by a regular advertisement and selection based on competitive merit. The petitioners claim appointment from 1997 on wards, but do not assert that they came to be appointed after an advertisement for selection through competitive merit. This Court, therefore, finds it difficult to give any direction of the nature sought for their regular appointment. It is next submitted that the respondents are continuing on the appointments against sanctioned vacant post in the manner as that of the petitioners. Merely because sanctioned vacancies exist no mandamus can be issued to make 2 appointments as that is the privilege of the Government, but if petitioners have been brought in against the sanctioned vacancies in a manner contrary to law and such appointments are being utilized as an excuse not to make regular appointments, this Court directs the respondents to forthwith proceed to make regular appointments by open advertisement on sanctioned existing vacancies. The respondents are prohibited from continuing with any other arrangement by not issuing proper advertisement with regard to such vacancies. The next claim is for salary with regard to the period that the petitioners have worked in the manner of their appointment. No directions for payment of salary can be given to the State Government in the nature of their appointment on a Government post, nonetheless, the fact remains that if the petitioners have worked in whatever be the manner through which they came in, surely, they are entitled to their remuneration. This remuneration shall be paid to them after 3 deduction from the salary of those who brought the petitioners into service in a manner contrary to law. Let the respondents examine the claim for salary in light of the aforesaid discussion and pass appropriate orders within a maximum period of three months from the date of receipt/production of a copy of this order. The writ application stands disposed. KC/ ( Navin Sinha, J.)