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2019 DIGILAW 180 (JHR)

Paren Sahis v. State Of Jharkhand

2019-01-17

RAJESH KUMAR

body2019
JUDGMENT 1. In the present writ petition, the petitioner has sought arrers of salary and for consideration of regular appointment on the post of Choukidar. 2. It has been claimed by the counsel for the petitioners that the petitioner is working as Choukidar since 2001 under Chas (M) Police Station and since then, respondents are continuously taking work from him. At this stage counsel for the State submits that the case of the petitioners cannot be considered for appointment or regularisation. 3. In view of judgment passed by Honble Apex Court in case of Surendra Paswan and Ors. Vs. State of Bihar and Ors. Reported in 2010 (6) SCC 680 , wherein Honble Apex Court has held that the appointment to the post of Choukidar on the basis of inheritance is not permissible. 4. As the claim of the petitioner is on the basis of inheritance and as such the same cannot be considered and no mandamus can be issued. 5. In view of peculiar fact of this case, the authorities are directed to consider the case of candidature of petitioner like other candidates if the selection process is initiated. At this stage, it has been submitted by both the counsels that there is already considered direction by this Court in W.P.(S) No. 960 of 2016 along with analogous case vide order dated 23.07.2018 wherein the Court has issued certain direction. Both the parties agrees that the present writ petition may be disposed of in terms of the said order, they have no objection. 6. In view of submission of the parties, the present writ petition is disposed of in terms of order passed by this Court in W.P.(S) No. 960 of 2016 along with analogous case vide order dated 23.07.2018.