IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1890 of 2009 SUDHIR KUMAR & ORS Versus THE STATE OF BIHAR & ORS ----------- 3 18-8-2010 The only grievance raised on behalf of petitioners is that in the light of direction of the Supreme Court contained in para (i) of paragraph-15 of the judgment, the State and its authorities have wrongly treated the private respondents as incumbents of the posts in question and on that basis they are being allowed to continue by passing fresh order for their engagement. Now the matter has to be controlled and guided by the order of the Apex Court dated 19th April, 2010 which has been annexed as annexure-7 to the supplementary affidavit filed on behalf of the petitioners. Admittedly, the petitioners were not appointed as Chowkidars and hence they cannot continue as Chowkidars even purely on ad hoc basis as directed by the Apex Court . In the context of facts of this case, it appears that the words “present incumbents” has been used by the Apex Court for those chowkidats whose appointments were directed to be cancelled by the writ court and pursuant to which the appointments were cancelled but have been restored in the 2 light of order of the Apex Court Hence, this court finds nothing objectionable in the action of the State to continue those incumbents as chowkidars purely on ad hoc basis till selection and appointments is completed within six months. However, if the petitioners are aggrieved by the action of the State authorities they will be at liberty to approach the appropriate forum for redressal of their grievances. This contempt matter shall stand finally disposed of. Naresh ( Shiva Kirti Singh, J.)