Judgment 1. Heard counsel for the petitioner and the State. 2. Counter affidavit has been fifed on behalf of District Magistrate, Kaimur at Bhabhua respondent no. 2. 3. Petitioners claim is that his father was working as Chowkidar in Circle No. 1/2 in Mohania Police Station. He died in the year 1984. Thereafter petitioner started discharging the duty of Avaji Chowkidar and continued till 1998. Thereafter he was removed and some other person was asked to discharge the duty of Chowkidar. As he was found to bo involved in smuggling he was removed. Again in the year 1993 the petitioner was asked to discharge the duty of Avaji Chowkidar, which he continued to discharge but he is not being paid his salary as well as not being considered for regularisation of his service. 4. Petitioners prayer is for a direction to the respondents to regularize the petitioner on the post of Chowkidar if he is found entitled for that. 5. In the counter affidavit the District Magistrate, Kaimur has stated that the petitioners name is not available in any of the record/register of the Mohania Police Station showing him working as Avaji Chowkidar. His father himself was not regularly appointed as Chowkidar. He was a Avaji Chowkidar. The petitioners prayer for being appointed on compassionate ground was rejected by the Compassiontate Committee. 6. Counsel for the petitioner submits that there is vacancy in the police Station for the post of Chowkidar in spite of that the respondents are not considering his case for regularisation. 7. I do not find that how such claim can be made by the petitioner considering the fact that after 1990 under Government notification and Goverment order the post of Chowkidar and Dafadar has been made Class-lV Government employees post and for any appointment against a vacant post rules are provided. The appointment can be made only after observing the procedure as provided under the rules. There should be advertisement, inviting application and considering the merit of the candidate appointment can be made. No direction can be issued for regularisation. However, if there is any vacancy the respondents should advertise the post, initiate process for regular appointment. If the petitioner applies for the post, he should be considered and if found eligible, should be appointed. 8. With the aforesaid direction/observation this application is disposed of.