IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3776 of 2010 1. BIPIN TIWARI @ VIPIN TIWARI S/O SRI MADAN MOHAN TIWARI R/O VILL.- NARKATIYA, P.S. DHAKA, DISTT.- EAST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE EAST CHAMPARAN AT MOTIHARI 3. THE SUPERINTENDENT OF POLICE EAST CHAMPARAN AT MOTIHARI 4. THE OFFICER-IN-CHARGE, DHAKA POLICE STATION DISTT.- EAST CHAMPARAN ----------- 2. 17.9.2010 Heard learned counsel for the petitioner and counsel for the State. The claim is for wages on a pay scale from first August, 1997 till date of the post of Chowkidar. Learned counsel for the petitioner submits that the petitioner is discharging duties and had been appointed by the respondents initially as an Awagee Chowkidar subsequently continued in service. Counsel for the State submits that Chowkidar became Government Servant from 1990 and therefore it is for the petitioner to establish that he was appointed in accordance with law by regular advertisement and selection. The writ petition does not reflect so. The counter affidavit of the respondents more particularly Annexure-A satisfies the Court that the services of the petitioner were engaged as an Awagee Chowkidar for certain period pending regular appointment by the Superintendent of Police East 2 Champaran at Motihari by order dated 31.07.1997. If the respondents have utilized his services in that capacity for any period, it does not lie in the mouth of the respondents to urge that the petitioner had agreed to work for free and therefore he is not entitled to any compensation. The State cannot violate Article 23 of the Constitution of India. The petitioner has been unable to demonstrate a regular appointment on the post of Chowkidar in accordance with law. He is therefore, not entitled to the relief for salary on any pay scale. But, if his services have been utilized for any period, and presently that appears to be the case from Annexure-A to the counter affidavit, as an Awagee Chowkidar, the respondents are bound to pay him for that period on basis of the minimum daily wage payable under the law. If the respondents opine that any Government functionary had wrongly utilized the services of the petitioner, they are required to make necessary deduction from the salary of the concerned official to pay the petitioner. In any event the petitioner cannot be allowed to suffer. Let the arrears of the petitioner in accordance with law for the duties that he discharged as an Awagee Chowkidar be paid to him in accordance with the aforesaid discussion within a maximum period of 6 months from the date of receipt and/or production of the 3 copy of this order. The writ application stands dismissed except to the extent indicated. P. Kumar ( Navin Sinha, J.)