Strict adherence to Article 14 and 16 of the Constitution for public post appointments.

JUDGMENT :

P.B. BAJANTHRI, J.

1. Pursuant to earlier order dated 20.07.2022, Mr. Alok Ranjan Ghosh, District Magistrate, Khagaria is present in the Court.

2. Heard learned counsel for the respective parties. In the instant appeal, appellant has assailed the order of the learned Single Judge dated 24.08.2016 passed in C.W.J.C No. 8275 of 2014. In the writ petition, appellant has sought for the following relief/reliefs:

“(i) For issuance of writ in the nature of Mandamus commanding upon the respondent authorities to take appropriate action in accordance with law in force, at the time when the petitioner became eligible for appointment on the post of Chaukidar and to appoint petitioner on the said post.

(ii) For further to hold that in view of ratio led down by this Hon’ble Court in C.W.J.C. No. 33/2007, Government instruction bearing Home Police Department Letter No. 4060 dated 4.5.2005, where under appointment of Chaukidar by way of “nomination” was stopped with effect from the date of issuance of instruction dated 4.5.2002 is not applicable in the case of petitioner rather case will be governed by Home Police Department’ letter no. 11287 dated 20.12.1995.

(iii) For any other relief or reliefs for which the petitioner is found entitled in the facts and circumstances of the case.”

3. Grievance of the appellant that he is entitled to be appointed to the post of Chaukidar on account of his uncle’s retirement in the year 2003 read with the relevant policy which was existing as on the date of his application (07.06.2004) is to be considered or not?

4. Chaukidar’s appointment issue was a subject matter in C.W.J.C. No. 6997 of 2003, disposed of on 27.08.2003 while quashing letter No. 11287 dated 20.12.1995 (relates to appointment of Chaukidar on hereditary basis). Thereafter, on 28.08.2006, Bihar Chaukidar Cadre Rules, 2006 was introduced. In this backdrop whether the appellant Mr. Madho Tanti appellant is entitled to compassionate appointment with reference to his uncle’s service rendered as a Chaukiddar or not?

5. The appellant’s uncle who was holding the post of Chaukidaar has attained age of superannuation and retired from service in the year 2003. The appellant filed an application on 07.06.2004. There was an inaction on the part of the respondents and it was due to the quashing of 20.12.1995 policy vide letter 11287 in C.W.J.C. No. 6997 of 2003 decided on 27.08.2003 which is prior to submission of application by the appellant on 07.06.2004. The appellant slept over the matter for one decade and thereafter, he has approached this Court in filing C.W.J.C. No. 8275 of 2014 and it was decided against him on 24.08.2016. Thus, he has preferred the present appeal.

6. The learned counsel for the appellant vehemently contended that policy existing as on the date of his uncle’s retirement in the year 2003 is required to be taken into consideration and not the Bihar Chaukidar Cadre Rules, 2006. Such a Rule would be operating prospectively.

7. Per contra, learned counsel for the respondents resisted the aforesaid contention and submitted that no-doubt the policy relating to the appointment of Chaukidar was on hereditary basis with reference to policy letter No. 11287 dated 20.12.1995, however, it was quashed by this Court in C.W.J.C. No. 6997 of 2003 on 27.08.2003 whereas the appellant’s application is dated 07.06.2004. In the interregnum period from 27.08.2003 till 28.08.2006 there was a vaccum in respect of filling up of post of Chaukidar. It is submitted that once the policy is struck down by this Court on 27.08.2003 and it will not be in vogue from 27.08.2003 till Rules of recruitment governing the post of Chaukidar was intoduced and it was introduced on 28.08.2006. In terms of 28.08.2006 Bihar Chaukidar Cadre Rules, 2006 each and every vacancy is required to be filled up in accordance with the relevant Cadre Rules. Therefore, the appellant is not entitled to have the benefit of appointment to the post of Chaukidar on the eligibility criteria that