IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7587 of 2004 SEWAK RAI, S/o Late Jokhu Rai, R/o Pathakaulia, P.S.-Turkaulia, District- East Champaran. ……. Petitioner. Versus 1. THE STATE OF BIHAR 2. The District Magistrate, East Champaran at Motihari. 3. The Superintendent of Police, District East Champaran at Motihari. 4. The Sub-divisional Officer, Sadar Motihari, District- East Champaran. 5. The Block Development Officer, Turkaulia, District- East Champaran. 6. The Officer-in-Charge, Turkaulia Police Station, District- East Champaran. 7. Brij Yadav, S/o Badri Rai, R/o Village-Pathakaulia, P.S.-Turkaulia, District- East Champaran. ………. Respondents. For the petitioner : Mr. Umakant Shukla, Advocate. For the O.P. : Mr. Ashwani Kumar Singh, Advocate. : Mr. Rakesh Kumar, Advocate. ----------- 5. 30-07-2010 Petitioner came before the High Court when he was denied opportunity of consideration, and was not appointed as a Chowkidar for Bit no. 4 of Turkaulia Police Station located in the District of East Champaran at Motihari. Vide Memo no. 81 dated 22.1.2003 the District Magistrate of East Champaran appointed Respondent no. 7 as a Chowkidar without following the procedure despite the fact that from 1.1.1990 the post of Chowkidar was made non-inheritable post and procedure for appointment by giving opportunity to one and all had to be followed. The post of Chowkidar was made into a Government Post or an appointment under the Government, in the year 1990. The High Court has been of the view that due procedure of recruitment or appointment has to be followed. The old system of appointing the kith and kin of the Chowkidar had to be given a go-by. There is no dispute on the proposition any more. - 2 - From perusal of Annexure-3, it appears that whatever be the reasons given by the learned District Magistrate in making appointment under the so called compassionate ground, the facts stand that petitioner does get a case for making a grievance for non consideration. Since the appointment was made in 2003 which was said to be temporary appointment, which is evident from the order contained in Annexure-3 itself and the consequential rule with regard to service conditions and appointment of Chowkidar in the State of Bihar has come to be notified in the year 2006 the respondents have an obligation now to take steps for filling up the post in consonance with the Bihar Chowkidars Cadre Rules 2006. Annexure-3 in so far as it relates to Respondent no. 7 stands quashed with a direction upon the learned District Magistrate to do the needful in terms of the Rules 2006. Quashing of the appointment of Respondent no. 7 does not make him ineligible for participation in the selection process, if there is no other legal impediment in the way. This writ application is allowed. It may be clarified that till steps are taken for filling up the post in accordance with the requirements of the 2006 Rules, let Respondent no. 7 be not disturbed. In the meanwhile the court expects all exercise to be completed within a period of six months. Sujit (Ajay Kumar Tripathi, J.)