IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2626 of 2008 BHARAT RAI, SON OF SRI SATYANARAYAN RAI, RESIDENT OF VILLAGE BASATPUR, P.S. MOTIHARI (MUFFASIL), DISTRICT EAST CHAMPARAN-- PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, EAST CHAMPARAN, MOTIHARI. 3. THE SUPERINTENDENT OF POLICE, EAST CHAMPARAN, MOTIHARI. 4. THE SUB-DIVISIONAL OFFICER, SADAR MOTIHARI. 5. THE SUB-DIVISIONAL POLICE OFFICER, SADAR MOTIHARI. 6. THE CIRCLE OFFICER, MOTIHARI. 7. THE OFFICER INCHARGE, MOTIHARI (MUFFASIL). --- RESPONDENTS. ----------- 2 30.3.2011 This petitioner had earlier moved this Court by filing CWJC No. 4082 of 2003, disposed of on 7.7.2003. The prayer of the petitioner was that he should be appointed on the vacant sanctioned of Chaukidar in Bit No. ¼ within Motihari Muffasil Police Station. The claim of the petitioner was based on the fact that grand father of the petitioner was a Chaukidar and thus, he is entitled to be considered for being appointed as a Chaukidar. This Court by order dated 7.7.2003 rejected the claim of the petitioner for appointment to the post of Chaukidar on the ground that his grandfather was working as a Chaukidar in view of the fact that Articles 14 and 16 of the Constitution would be applicable for the purposes of making appointment to the post of Chaukidar. This Court directed that the case of the petitioner should be considered within a period of four months if steps are taken in making appointment to the post of Chaukidar. The complaint in the present writ application is that no steps have been taken to appoint the petitioner as a Chaukidar. It has already been held by this Court that the appointments are now 2 to be made in accordance with the rules framed for appointment of Chaukidar after following the procedure under Articles 14 and 16 of the Constitution. The vacancy appears to be very old as the earlier writ application was disposed of in 2003. I do not think that any vacancy must be existing as of today. In any event if there is vacancy for the post of Chaukidar in the concerned Thana, obviously the District Magistrate will take steps in accordance with law for filling the vacancy. The petitioner will also be entitled to apply for the post but would not be entitled to any special consideration on the ground that his grandfather was a Chaukidar. This writ application is thus, disposed of. Sanjay ( Sheema Ali Khan, J.)