BIHAR RAJYA CHAUKIDARI TAHSILDAR SANGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application, the petitioner has prayed for issuance of a writ of or in the nature of mandamus directing the respondents to accord to the petitioners and other persons, who are similarly situated equal treatment in the matter of conditions of service including pay and allowances vis-a-vis Chaukidar Tashildars of Chotanagpur Division, who for the purpose of pay and other service conditions, are similarly situated to the petitioners.

(2.) The facts of the case lie in a very narrow compass.

(3.) The petitioner No. 1 is an Association of the Choukidari Tashildars and petitioner Nos. 2 to 7 are Presidents of different Panchayats in the State of Bihar. Village Choukidars are appointed in terms of the Village Choukidari Act 1870 and their conditions of service are governed by the Bihar Choukidari Manual! In terms of the provisions of the said Act, the District Magistrates have the power to appoint them. It is true that District Magistrates have, however, been empowered to delegate his own power to other Magistrates including the Sub-Divisional officers. According to the petitioners, the nature of work and duties of the Presidents of Panchayats, which posts are held by the petitioners 2 to 7, are allegedly governed under Rules 129 to 140-A of the Manual aforementioned The petitioners have stated that all the Choukidars in the State of Bihar perform the same or similar duties.