IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12960 of 2007 Shiv Bachan Kumar, son of Sri Jagnarayan Yadav, resident of Village Saren, P.S. Makhdumpur, District Jehanabad. --------- Petitioner Versus 1. The State of Bihar. 2. District Magistrate, Jehanabad. 3. Superintendent of Police, Jehanabad. 4. Circle Officer, Makhdumpur, P.S. Makhdumpur, District Jehanabad. 5. Officer-in-charge, Makhdumpur, Police Station, District Jehanabad. -------- Respondents ----------- 2 11.4.2011 Heard learned counsel for the petitioner and counsel for the State. The petitioner, while assailing the decision of the District Compassionate Appointment Committee dated 5th March, 2001 seems to be correct in his analysis that the said Committee had wrongly treated the case of the petitioner as one of compassionate appointment, inasmuch as, the father of the petitioner had after his retirement nominated him for becoming a Chaukidar as per the Government policy. Such wrong consideration easily could have led this Court to remit the matter back to the authority for reconsideration in accordance with law but, then, as the 2006 Rules have already come 2 into play laying down now that every vacancy of Chaukidar is to be filled up as per the statutory Rules under proviso to Article 309 of the Constitution of India, this Court would find it difficult now to issue any such direction for considering the case of the petitioner. In this regard, this Court is also conscious of the fact that it is the delay caused by the petitioner himself which has taken away his right of reconsideration. The impugned order was passed on 5th March, 2001 and this writ application was filed on 28.9.2007 and in the interregnum period, the Rules have come into play, which now requires any and every vacancy to be filled up by a different procedure where at least nomination by the retired Chaukidar is not the criteria for appointment. That being so, this application has to be dismissed on account of the delay and laches. It is however made clear that nothing said in this order shall affect the right of the petitioner of his being considered for his appointment in future on 3 the post of Chaukidar strictly in accordance with law and the statutory rules framed in the year 2006. Rsh (Mihir Kumar Jha, J.)