IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.33 of 2007 ==================================================== GORE LAL PASWAN, SON OF SRI KAPILDEO PASWAN, RESIDENT OF VILLAGE BIRPUR, P.S. BARBIGHA, DISTRICT SHEIKHPURA. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, SHEIKHPURA. 3. THE SUPERINTENDENT OF POLICE, SHEIKHPURA. 4. THE SUB-DIVISIONAL OFFICER, SHEIKHPURA, DISTRICT SHEIKHPURA. ==================================================== For the petitioner : Mr. Pankaj Kumar, Advocate. For the State : Mr. Jainendra Kumar Sinha, AC to GA-6. 02. 04.07.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner is the grandson of the ex Chaukidar who nominated him for appointment on the post of Chaukidar in the light of the instructions of the State Government contained in Home Police Department circular letter no.10129 dated 6.11.1991 but his case for appointment as Chaukidar was not considered, whereafter he approached this Court in C.W.J.C. No.4083 of 2001 which was disposed of under orders dated 28.03.2001, Annexure-5 directing the authorities to consider the case of the petitioner for appointment as Chaukidar in the light of the 2 nomination made in his favour by his grandfather. In the light of the orders of this Court dated 28.03.2001, Annexure-5 the authorities have considered the case of the petitioner for appointment as Chaukidar but have refused the appointment under order bearing Memo No.631 dated 26.10.2006, Annexure-6 observing that under instructions of the Government bearing Home Police Department letter no.11287 dated 20.12.1995 there is no provision for nomination of the grandson after retirement of the Chaukidar. In this connection, under the impugned order the authorities have also relied on the Home Police Department letter no.4060 dated 4.5.2005 whereunder appointment of Chaukidar by way of nomination was stopped with effect from the date of issue of the instructions dated 4.5.2005. Counsel for the petitioner challenged the impugned order dated 26.10.2006, Annexure-6 on the ground that instructions of the Home Police Department bearing letter no.4060 dated 4.5.2005 will have no application to the case of the petitioner as his case is required to be considered in the light of the instructions of the Home Police Department bearing Memo No.10129 dated 3 6.11.1991 as also letter no.11287 dated 20.12.1995 whereunder nomination of the grandson/nati(son of the daughter) of the retiring Chaukidar is permissible. It is submitted that if daughter’s son of the retiring Chaukidar is eligible for appointment by nomination, the authorities should also consider the case of the petitioner who is the grandson of the retiring Chaukidar as there cannot be any distinction between grand son and grand son through daughter. I see substance in the submission of the learned counsel for the petitioner. Case of grandson and grandson through daughter of the retiring Chaukidar, in my opinion, stands on similar footing and the authorities should consider the case of the petitioner for appointment through nomination in the light of the instruction contained in letter no.11287 dated 20.12.1995 as there cannot be any distinction between grand son and grand son through daughter. Instructions contained in Home Police Department letter no.4060 dated 4.5.2005 restraining appointment through nomination on the post of Chaukidar shall also have no application to the case of the petitioner for appointment on the post of Chaukidar through 4 nomination as his case is pending from before in the light of the instruction of the State Government contained in circular letter no.10129 dated 6.11.1991. 3. For the reasons aforementioned, I set aside the impugned order bearing Memo No.631 dated 26.10.2006, Annexure-6 and remit back the matter to the District Magistrate, Sheikhpura to again consider the case of the petitioner for appointment on the post of Chaukidar through nomination in the light of my observation in paragraph-2 above. 4. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)