CIVIL WRIT JURISDICTION CASE No.7788 OF 1994 In the matter of an application under Articles 226 and 227 of the Constitution of India. DEONANDAN PASWAN, SON OF LATE SRI KASHI PASWAN, RESIDENT OF VILLAGE MURGIYACHAK, P.O. NALANDA, P.S. NALANDA, DISTRICT NALANDA ---- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR. 2. HOME SECRETARY, GOVERNMENT OF BIHAR, PATNA. 3. DISTRICT MAGISTRATE, NALANDA 4. S.P., NALANDA 5. OFFICER-IN-CHARGE, NALANDA THANA, DISTRICT NALANDA ---- RESPONDENTS For The Petitioner :TEG BAHADUR SINGH For The Respondent :(AAG1) P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN S.A. Khan, J. Heard the parties. This writ application has been filed challenging annexure-4 which is the order passed by the District Magistrate, Nalanda, respondent no. 3. The petitioner was admittedly working as the Choukidar since 1972 till February, 1994 and is claiming that he should be regularized in service. It is not the disputed fact that the petitioner worked for that period and he has been granted an award for good work done by him. It is also stated that the petitioner is landless and belongs to the Scheduled Caste category. The facts are that Budhani Gope who was the Choukidar of Mahal 7/1 in Circle No. 7, PS Nalanda became traceless in the year 1965. Therefore, the Officer Incharge appointed Shukar Gope to work as a Choukidar and after his death his son Muneshwar Gope started working in 2 place of his father. The post of the Choukidar again fell vacant and the Officer Incharge recommended that the petitioner should be engaged for the work of a Choukidar on the recommendations made by the wife of Budhani Gope. The petitioner continued to work without any objection from any quarter and was also paid allowances/pay admissible at that time. The District Magistrate, Nalanda in the year 1991 asked for a report from the Superintendent of Police, Nalanda of the list of Choukidar in order to determine the vacancies and the number of Choukidars working at various places. The petitioner’s name finds place at serial no. 9 of the said list sent to the District Magistrate, Nalanda by the Superintendent of Police, Nalanda. The Officer Incharge was also asked to submit a report with respect to the facts relating to the petitioner. This entire procedure was initiated on the basis of an application given by one Baso Yadav, Surdas. It has come on record that the petitioner was working between 1972 to February, 1994 and that he had received several prizes for his good work and was also supplied uniform from time to time from the police station. In the mean time, the State Government issued letter dated 17.2.1990 declaring the Choukidars/Dafadars as Class IV employees as per the decision taken by the Cabinet on 30.12.1989 wherein it was stated that they would be treated to be Government employees from 1.1.1990. Certain conditions were laid down with respect to the recognition of the Choukidars/Dafadars who were to be regularized by the aforesaid annexure-1. The conditions were that they ought to be less than 58 years of age on 31.12.1989, and they were to give report with respect to the criminal activities in the area to the concerned police station. The District 3 Magistrate, Nalanda on consideration of all the materials rejected the petitioner’s claim on the ground that he did not belong to the family of the ex-choukidar i.e. Budhani Gope. It is apparent that after the disappearance of Budhani Gope in the year 1965, the family members of Budhani Gope were not working in his place as a Choukidar. In fact the Officer Incharge was taking work from Sukar Gope and thereafter from Muneshwar Gope and finally from this petitioner and as such consideration of the District Magistrate, Nalanda appears not to be related with the actual state of affairs. The said decision has been taken on an application filed by Baso Yadav Surdas who according to the Officer Incharge is the blind person, very needy though is a resident of a different village. I, therefore, find that the reason for rejection by the District Magistrate, Nalanda is not related and concerned with the factual aspect of the matter and needs to be reconsidered within a period of three months . The petitioner has worked as a Choukidar for 21 and odd years and as such he would be entitled to the salary of Choukidar as payable to other Choukidars by virtue of the Government decision till the period he worked i.e. February, 1994 if he has not received salary for the said period. This application is allowed. Patna High Court, The 22nd of April, 2010 N.A.F.R./Sanjay (Sheema Ali Khan, J.)