IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8576 of 2003 BISUNDEO PASWAN, son of late Manik Paswan, resident of village Chandrahi, P.S. Dhamdaha, District Purnia … Petitioner Versus 1. THE STATE OF BIHAR through the District Magistrate, Purnia 2. The District Magistrate, Purnia 3. The District Choukidari Padadhikari, Purnia 4. The Superintendent of Police, Purnia 5. The Sub-divisional Officer, Dhamdaha, Purnia 6. The Anchal Adhikari at Dhamdaha within the district of Purnia 7. The Officer In-charge of Dhamdaha P.S. within the district of Purnia … Respondents. ----------- 3. 7.1.2010 Heard Mr. Arun Prasad Ambastha, counsel for the petitioner and the counsel for the State. The prayer of the petitioner in this writ application reads as follows: “a) For issuance of a direction to the respondents authorities commanding them to consider the case of the petitioner for regularization on the post of Choukidar on which post he was initially appointed on 1.8.1982 on service roll for inferior service and has been working for over two decades. b) For issuance of a further direction to regularize the service of the petitioner as Choukidar with effect from 1.8.1982 in view of payment of salary from that date with provident fund deductions etc. 2 and the commendable job performed by him for which he was paid rewards and also in view of the recommendations of the respondents authorities. c) For issuance of a further direction to make payments of the due amount of salary and other benefits at revised rate of pay and allowances which has been stopped from October, 2001 though he has been performing duties regularly with diligence.” Counsel for the petitioner on being asked as to whether the petitioner was given any appointment letter for the post of Choukidar has very fairly submitted that no such formal appointment letter is available with the petitioner but then there are number of unimpeachable documentary evidence to show that the petitioner was appointed in the prescribed manner as per Choukidari Manual and the petitioner had continued to work from 1.8.1982 at least till the date of filing of the writ application i.e. 22.8.2003. Mr. Ambastha further submits that in such a situation the decision of the Superintendent of Police to stop payment of 3 salary of the petitioner or not to extend the benefit of a regularly appointed Choukidar to the petitioner is wholly arbitrary and as such, this Court may direct the respondents not only to regularize the services of the petitioner but also to make payment of salary. The difficulty for this Court in disposing of all these cases involving question of fact is that the respondents do not co-operate in speedy disposal of such matter. The petitioner was given a hope of being in service from 1982 and if his appointment even went under clouds, and he had moved this Court in the year 2003 claiming regularization, the respondents could have clarified the matter by filing a counter affidavit. Unfortunately there is no counter affidavit in a period of more than six years. In such circumstances, keeping this writ application pending would serve no useful purpose. Consequently the petitioner is given liberty to file a compact representation to the competent appointing authority, namely, the Collector of the 4 District who on the basis of records available in the office of the Superintendent of Police and/or concerned Police Station would pass his final order. If, however, it is found that the appointment of the petitioner was not made in the prescribed manner under Rule 35 of the Choukidari Manual and/or any other Government circular governing such appointment of Choukidar, the claim for regularization of the service of the petitioner would be rejected by recording reasons. Even in that case the petitioner be entitled for payment of salary for the work which was admittedly taken from him. Such decision must be taken by the Collector of the District within six months of filing of the representation by the petitioner alongwith a copy of this order. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/