- (1.) THIS writ application has been filed for issuance of a direction to the Respondent -authorities to appoint the petitioner on the post of Chowkidar of Beat No. 1/19 at Mouza Bhilai under Maheshpur Police Station in the district of Pakur after cancelling the appointment of Respondent No. 5 to the said post.
(2.) THE case of the petitioner is that the grandfather and the great grandfather of the petitioner were appointed as Chowkidars of Beat No. 1/19 at Mouza Bhilai under Maheshpur Police Station within the district of Pakur and their names were recorded in the last survey settlement as Chowkidars. At the time of the death of the petitioner's grandfather, the father of the petitioner was minor and as such upon the death of the petitioner -'s grandfather, the father of the Respondent NO.5, namely, Ram Hembram was appointed as Chowkidar. Though subsequently, by the Notification of the State Government, Chowkidars were declared as Government servants in 1990 but the service of Ram' Hembram was not confirmed and he was removed from service within three months from the date of appointment. Consequent upon the removal, the post of Chowkidar of the aforesaid Beat fell vacant. The petitioner thereafter made an application for his appointment in the vacant post of Chowkidar on 16.9.1996 on the basis of the recommendations made by the Officer in -charge of the Maheshpur Police Station and also recommendations made by the Circle Officer, Maheshpur and his application alongwith the recommendations, was forwarded to the competent authority by the Circle Officer on 18.12.1997. The recommendations made by the Circle Officer were based on the genealogical table showing the petitioner's relationship with the recorded Chowkidars. Further, similar recommendations were made by the 16 Annas Raiyats of the said Village in favour of the petitioner for his appointment to the post of Chowkidar. It is further stated that when the matter of appointment was pending, the Respondent NO.5 applied for his appointment to the said post on 13.3.2000 on the ground that his father was the last appointed Chowkidar. Though the representation was submitted by the 16 Annas Raiyats of the village to the Respondent No. 3 on 3.1 .2002 for rejecting the claim of the Respondent No. 5 for his appointment to the post of Chowkidar and subsequently another similar representation was submitted on 20.1.2003, but rejecting all such recommendations made in favour of the petitioner, the Respondent No. 3 has illegally appointed Respondent No. 5 as the Chowkidar of the Beat No. 1/19 of Mouza Bhilai on 3.1.2003 after rejecting the application of the petitioner. Counter affidavit has been filed on behalf of the Respondent No. 3 justifying the appointment of Respondent No. 5 to the said post. It is stated that the appointment of Respondent No. 5 has been made on compassionate grounds as the father of Respondent No. 5 was the last appointed Chowkidar who withdrew his salaries up to the date of his retirement in the year 1996. The certificate issued by the Circle Officer, Maheshpur confirmed that the last Chowkidar namely Ram Hembrom, was the father of Respondent NO.5. As per directions contained in the Circular No. 9/le/207/91 of the Home Police Department vide Memo No. 11287 dated 20.12.1995, declaring that after 1.1.1990, the Chowkidar, if he dies or retires, his nominee or the legal heir shall be appointed in his place. Even the Government of Jharkhand in the Department of Home vide its Letter/Circular No. 3206 dated 15.6.2002 has directed to follow the Notification, issued by the Government of Bihar and the same is incorporated in the Chowkidar Manual as issued by the Government of Jharkhand. In Para 13 of the counter affidavit, it has been explained that though the great grandfather of the petitioner, namely, Shambhu Marandi was appointed as Chowkidar from 3.5.1933 to 1939, but his attendance has not been marked at the Police Station and, therefore, the petitioner cannot claim his appointment on hereditary grounds and the mere recommendations of the Circle Officer and the Officer -in -charge of the concerned Police. Station is not binding upon the appointing authority. In Para 21 of the counter affidavit, it has been stated that the application filed by the petitioner was considered and vide Letter No. 219 dated 24.6.2002, the petitioner was asked to submit relevant documents within a week but he did not file any of the documents, required of him.
(3.) FROM the facts stated, it transpires that though the great grandfather of the petitioner was appointed as Chowkidar in respect of the Beat No. 1/19 at Mouza Bhilai under Maheshpur Police Station within the district of Pakur from 1933 to 1939. and the same was shown in the survey records but even during the tenure of his office, his attendance has not been marked at the concerned Police Station and furthermore, after his retirement, there was no other person in his hereditary line to claim appointment to the said post. It. further appears that subsequently, the father of the Respondent No. 5 was appointed and he retired in the year 1996. Apparently, the father of the Respondent No. 5 was the last appointed Chowkidar. The Government Circular, as, pointed out by the learned counsel for the Respondents, stipulates that on the death/retirement of the Chowkidar, his nominee or the legal heir shall be appointed in his place. Admittedly, the father of the Respondent No. 5 was the last appointed Chowkidar and it was on this basis that the Respondent No. 5 had applied for his appointment to the said post. It also transpires from the counter affidavit that the application of the petitioner was not rejected out rightly. Rather, way back in 2002 he was asked to submit his documents in support his claim but except the survey records, wherein, the fact of his great grandfather being the last appointed Chowkidar of the said beat, he had not furnished any other paper or document in support of his claim. ;