Braj Nandan Paswan vs The State of Bihar and Others

Heard Mr. Mukesh Kumar Jha holding the brief of M/s. I.T. Gour and A.K. Mishra.

This Letters Patent Appeal has been filed against the order dated 4 July, 2002 on C.W.J.C. No. 4479 of 2002 : Brij Nandan Paswan v. The State of Bihar and Ors.

At the out set, it may be mentioned that the Petitioner had filed an earlier petition being C.W.J.C. No. 8909 of 2001 which was disposed of on 19 July, 2001. In that writ petition, the Court had declined to grant any relief leaving it to the Petitioner to make a representation before the District Magistrate of any claim which he had.

The facts in the matter are brief. The Petitioner Contends that he ought to be appointed on the post of Chaukidar on compassionate ground and also seeks wages for the period he worked on the post of Chaukidar during absence of his father and after his death. The Petitioner''s father worked as a Chaukidar in Kachhawan'' Police Station and died on 1 December, 1988 after illness. lt is contended that as the Petitioner''s father could not perform his duties he substituted for his father for Chaukidar and worked up to 1996. The contention of the Petitioner is that he should receive an appointment under the rule of harness in service and for the unpaid period when he worked for his father his wages be paid.

Any arrangement which the Petitioner''s father had with his son (Petitioner) to work as Chaukidar in lieu of the absence of the former was a private arrangement. In so far as receiving a job under the rule of harness is concerned, the Petitioner''s father had to be a Government servant which clearly he was not as he died in 1988. The requisite Government orders making Chaukidars and Dafadars as Government servants are effective from 1 January, 1990.

In the circumstances, the private arrangement between the Petitioner''s father and him as son cannot be extended so as to entitle the Petitioner to an appointment under the rule of harness.

Dismissed.