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2024 Supreme(Online)(Pat) 3703

PATNA HIGH COURT
Bihar Rajya Dafadar Chaukidar Panchyat – Appellant
Versus
The State of Bihar – Respondent


ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 28-08-2024 The petitioner is an association of the Dafadars/Chaukidars and is represented by the Vice-President of the said association. The petitioner has filed the above public interest litigation on the ground that it is filed in a representative capacity for raising grievance of general interest to the public.

2. The grievance projected is against the advertisement dated 25.06.2024, issued as Annexure-P/2 for appointment of 223 Chaukidars. The said advertisement is said to be in violation of Annexure-P/1 amendment made by the Bihar Chaukidari Cadre (Amendment) Rules, 2014 (hereinafter referred to as ‘Rules of 2014’).

3. Learned Senior Counsel Sri V.N. Singh appeared for the petitioner and learned Counsel Sri Vikas Kumar appeared for the State.

4. The specific ground taken is that by the amendment produced as Annexure-P/1, a proviso has been inserted after sub-Rule 7 of Rule 5 which enables an employee in the Chaukidaar cadre to seek appointment of a dependent named by him to the post of Chaukidar; at least one month before the superannuation. The contention taken is that the advertisement has been issued in total violation of

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