IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6823 of 2010 1. BINDA DEVI W/O LATE RAMADHIN PASWAN R/O VILL.- MADHUBAN BISHUNPUR TARA, P.S.- MADHUBAN, DISTT.- EAST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR MOTIHARI, EAST CHAMPARAN 3. THE SUPERINTENDENT OF POLICE MOTIHARI, EAST CHAMPARAN 4. THE OFFICER-IN-CHARGE MADHUBAN POLICE STATION, EAST CHAMPARAN ----------- For the Petitioner : Mr.Vijay Shankar Shrivastava, Adv. For the State : Mr.Gautam Bose, AAG-VIII and Mrs. Sanghamitra Ghosh, AC to AAG-VIII. ------------ 2 13.01.2011 Petitioner has filed this writ application for a direction to the respondents to appoint her on the post of Chowkidar under the Madhuban Police Station in the district of East Champaran. As per the documents available on record, it appears that father-in-law of the petitioner, who was working as Chowkidar, died in harness. Thereafter, husband of the petitioner was appointed in his place on compassionate ground. But since he was not keeping good health, he resigned from the post of Chowkidar and subsequently he died. Thereafter, recommendation was made by the officer in-charge for engagement of the petitioner as Chowkidar which is evident from Annexure-1. However, recommendation was not accepted and final decision was not taken in respect of 2 her appointment. In the meanwhile, as per the case of the petitioner, she was engaged by the officer in-charge in escorting some prisoners to the court in support of which copies of some Kaman have been annexed as Annexure-2 series. On the strength of the same, a prayer has also been made for a direction for payment of arrears of salary as well as current salary of the petitioner for discharging her duties as Chowkidar. Learned counsel appearing for the respondents submits that since the post of Chowkidar became government post w.e.f. 1.1.1990 itslef, petitioner could not be engaged by officer in-charge to function as Chowkidar in absence of any formal appointment. He submits that, in this case, the officer in-charge, who engaged her, was squarely responsible for payment to her and respondents shall not be liable to pay the salary or remuneration to her for the same. Learned counsel for the petitioner, in reply, submits that, in any case, the recommendation in her favour is still pending with the respondents. Therefore, respondents should be directed to consider the same and pass appropriate orders in accordance with law in respect of her appointment on the post of Chowkidar and they shall also be directed to consider that, if she had actually functioned as Chowkidar, she should be 3 paid remuneration of the period. Considering the submissions of learned counsel for the parties, this writ application is disposed of with liberty to the petitioner to file a formal representation before the Collector, East Champaran at Motihari enclosing the copies of the recommendation and the copies of the Kaman and stake a claim for her appointment on the post of Chowkidar and for payment of her remuneration for the periods she had actually worked. In case, such a representation is filed by the petitioner within one month from today, the same shall be considered by the Collector, East Champaran, preferably within a period of two months from the date of filing of such representation and appropriate orders in accordance with law shall be passed. Arvind/ ( J. N. Singh, J.)