IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4658 of 2009 Md.Azam . Versus The State Of Bihar & Ors . ----------- 2/ 21/07/2011 Heard learned counsel for the petitioner. No one appears for the State, but counter affidavit has been filed. The petitioner claims to be working as an ‘Ebjee Chaukidar’ for over a decade relying on written instructions of the Superintendent of Police appended to the writ application. The counter affidavit states that no records are available and even the letters of the Superintendent of Police enclosed to the writ application are not traceable. It is therefore not possible for the respondents to make any commitment that the petitioner was working for a decade since 1997. Realising his difficulty in staking a substantive claim of appointment in view of the settled law that the post of Chaukidar is to be reckoned as a government servant only after 1990 and appointment could have been made by open advertisement and merit selection, the relief sought is moulded to submit that as and when appointments are made in accordance with law the petitioner may also be considered by grant of age relaxation and due weightage for the past work 2 experience. The latter two being the matters of policy, the Court expects the respondents to consider the same appropriately. Insofar as the claim for salary/wages for the period worked is concerned, if the work, as a matter of fact, was performed under the orders of a government functionary and the Government takes the stand that the functionary had no jurisdiction to do so, if the petitioner has physically worked, naturally, he is entitled to his salary when the Government is expected to recover it from the salary of those who utilized the services of the petitioner even if the Government is not answerable for the same and pay it to the petitioner. The writ application is disposed in the aforesaid terms. KC ( Navin Sinha, J.)