IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13330 of 2007 MAHADEO PASWAN, S/O LATE BHOLA PASWAN, R/O VILLAGE-MURLIGANJ, WARD NO.11 DURGASTHAN CHAUK, POLICE STATION-MURLIGANJ, DISTRICT- MADHEPURA. ………………………PETITIONER. Versus 1.THE STATE OF BIHAR. 2.THE DISTRICT MAGISTRATE, MADHEPURA. 3.THE SUPERINTENDENT OF POLICE, MADHEPURA. …………………………RESPONDENTS. ----------- 02/ 11.04.2011 Heard counsel for the parties. Admittedly, the father-in-law of the petitioner had retired from service while holding the post of Chowkidar on 31.03.2007, by which time statutory rule under proviso to Article-309 of the constitution of India for filling up the post of Chowkidar has already been laid down by the Government of Bihar vide its notification no. 9339 dated 25.08.2006, which in no uncertain terms prescribed manner of fresh appointment wherein, there is no concept of any nomination to be made by a retiring Chowkidar. Therefore, the vacancy that was caused on account of retirement of the father-in-law of the petitioner had to be filled up in terms of the statutory Rules dated 25.08.2006. Reliance placed by Mr. Uday Chandra Prasad learned counsel for the petitioner on Rule-11, repealing Clause of 2006 rules is equally misplaced. The said provision, in fact, has saved some of the Government circulars dated 17.01.1990. 04.05.2005 and 07.12.2005 etc., (Annexure-B to the counter affidavit). Admittedly the event of retirement of father in law of the petitioner on 31.3.2007 was not covered by the aforesaid saved circulars under 2006 Rules and in fact the Rules itself envisage direct appointment by way of selection amongst the eligible candidates. In such Rules, no provision has been made for continuing with the earlier system of nomination by the retiring Chowkidar. In that view of the matter, the case of the petitioner for appointment on the post of Chowkidar by virtue of nomination of his retiring father-in-law on 31.03.2007, is wholly misconceived and is accordingly rejected. Nothing said in this order shall however come in the way of the petitioner if he would seek regular appointment against the post of Chowkidar, in question, if the same is sought to be filled up in the prescribed manner under 2006 Rules. With the aforementioned observations and direction, this application is dismissed. Ranjan (Mihir Kumar Jha,J)