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2025 DAILYLAW 9102 (JHR)

TEKLAL GOPE v. THE STATE OF JHARKHAND

WPC/1487/2018 · 2025-02-11

Sri Ananda Sen

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1487 of 2018 ----- 1.Teklal Gope, S/o Tipan Gope, Village- Pipradih, P.O. Jamtada, P.S.- Dumri, Dist- Giridih, Jharkhand 2.Tinku Singh, S/o Ruplal Singh, Village- Dumri Tola Simradih, P.O. & P.S. Dumri, Dist- Giridih 3.Dinesh Mahto, S/o Sohar Mahto, Village- Chengro, P.O. Chingro, P.S.- Dumri, Dist- Giridih 4.Fuleshwar Ram, S/o Muneshwar Ram, R/o Village- Dhobay, P.O- Salaiya, P.S.- Podayahat, District- Godda ------ Petitioner(s) Versus 1.The State of Jharkhand 2.The Principal Secretary Department of Home, Government of Jharkhand 3.Deputy Commissioner, Giridih 4.The Deputy Commissioner, Godda ------ Respondent(s) …… CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : None For the State : Mr. Ashutosh Anand No.2, AC to G.P.-IV …...... 09 / 11.02.2025: No one appears on behalf of the petitioners. 2. In this writ petition, the petitioners have prayed for following reliefs:- “That in the instant writ application the petitioners pray for issuance of writ of mandamus and also pray for issuance of an appropriate writ / writs, order / orders, direction / directions for commanding upon the respondents to direct the competent authority to regularize the petitioners for post of Chowkidar in the light of guide line of Chokidar Manual and issued order /letter dated 20/12/1995, by which all Divisional Commissioners and Deputy Commissioners who have been informed to appoint dependent/ nominee of retired Chowkidar by way of one time bond and after superannuating of the CHOWKIDAR in view of aforesaid letter issued by State of Government. AND for issuance of a further writ /writs, order/orders, direction/directions for commanding upon the concerned respondents authorities for bear giving effects to or acting pursuant to or in furtherance the said matter.” 3. From the prayer of the petitioners, I find that they are seeking to be appointed/ regularized on the post of Chowkidar on the basis of heredity. 4. No appointment in Government service can be given on the basis of heredity. This is direct violation of the Constitutional mandate. 5. Similar issue in respect of the hereditary appointment in the post of Chowkidar was dealt with by this Court and was taken up to the Hon’ble Supreme Court in the case of Surender Paswan and Others vs. State of Bihar and Others, reported in (2010) 6 SCC 680, wherein the Hon’ble Supreme Court has deprecated this type of appointment. 6. Considering the aforesaid fact, since the prayer made by the petitioners is against the Constitutional mandate, I am not inclined to entertain this writ petition, the same is hereby dismissed. (ANANDA SEN, J.) R.S.