S.J.MUKHOPADHAYA, J. - (1.) THE writ petition was preferred by the petitioner against Office Order No. 17/94 dated 13th May, 1994 issued by the S.P., Palaraau (now Latehar), in respect of Item No. 7, whereby, the 5th respondent, Sabiran Bibi has been appointed as a Choukidar of Bar -badih Thana Bit No. 1/19.
(2.) THE case of the petitioner is that one Jasmuddin Mian, the first husband of 5th respondent, Sabiran Bibi was Choukidar of Bit, in question, who died in the year 1970. Thereafter, Jalim Ansari, brother of late Jasmuddin Mian and father of petitioner was appointed as substitute (Ewaj) Choukidar in the year 1978 and continued till 1985 when he died. After death of Jalim Ansari, the petitioner being son was appointed as substitute (Ewaj) Choukidar and since 1985 he was working till the impugned order was issued on 13th May, 1994. According to the petitioner, the appointment of 5th respondent is illegal as she could not have been given appointment on compassionate ground having married second time with one Kutubuddin Khan as declared by her on 25th September, 1980, vide Annexure -4. Further, according to petitioner his father having worked for 17 years as Choukidar and the, petitioner having worked thereafter as substitute (Ewaj) Choukidar since 1985 should have been preferred as per Government decision, contained in letter No. 10129 dated 6th November. 1991, wherein, it was stipulated to prefer those whose ancestors were Choukidars/sub -stitute (Ewaj) Choukidar prior to 1.1.1990.
(3.) THE 5th respondent has denied the allegation that she married one Kutubuddin Khan.;