Patna High Court

Ram Daresh Rai and OrsversusThe State of Bihar and Ors

Decided: 19 February 2026
Disposal: DISPOSED
Bench: NANI TAGIA

Holding

The petition is dismissed as the Bihar Chowkidari Act, 1990 has been struck down by the High Court and upheld by the Supreme Court.

Summary

Thirteen chowkidar employees of the Bihar Police filed a writ petition seeking appointment for their sons as chowkidar under the Bihar Chowkidari Act, 1990 (as amended by Memo No. 1896 dated 05.03.2014) on the ground of voluntary retirement a month before superannuation. The petitioners argued that the Act should permit such appointments. The court observed that the Bihar Chowkidari Act had been struck down by a Division Bench of the Patna High Court in Devmuni Paswan v. State of Bihar (2023) 2 PLJR 425, a decision later upheld by the Supreme Court in SLP Civil No. 18983 of 2023. Since the statutory provision on which relief was sought no longer existed, the petitioners had no cause of action. Consequently, the writ petition was disposed of without any consequential order.

Issues considered

Whether the petitioners are entitled to appointment of their sons as chowkidar under the Bihar Chowkidari Act after the Act has been declared unconstitutional
Whether the writ petition is maintainable in view of the striking down of the underlying statute

Subjects

Bihar Chowkidari Act
appointment of relatives
voluntary retirement
constitutional validity
writ petition
public employment
division bench decision
Supreme Court judgment

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.2502 of 2019
     ======================================================
1.    Ram Daresh Rai and Ors Late Awadh Rai resident of Village- Talkhapur
      Dumra, Police Station and District- Sitamarhi.
2.   Jagdeo Paswan Late Mahangu Paswan resident of Village and Post-
     Parsauni, P.S. Dumra, District Sitamarhi.
3.   Nawab Nadaf Sharif Nadaf resident of Village- Hari Chhapra, Post- Lagma,
     P.S. Dumra, District- Sitamarhi.
4.   Suresh Rai Late Bishun Thakur resident of Village- Malipur Pakri, Post-
     Bhasar Machha, P.S. and District- Sitamarhi.
5.   Shankar Rai Late Baidyanath Rai resident of Village- Khairwa, Post-
     Maniyari, P.S. and District- Sitamarhi.
6.   Ram Pratap Paswan Late Ram Gulam Paswan resident of Village- Baradih,
     Post- Partapur, P.S. Runnisaidpur, District- Sitamarhi.
7.   Bindeshwar Rai Late Ram Sevak Rai resident of Village- Samoul Shahpur,
     Post Kuari, P.S.- Runnisaidpur, District- Sitamarhi.
8.   Awadhesh Mishra Late Kameshwar Mishra resident of Village and Post and
     P.S. Sursand, District- Sitamarhi.
9.   Sahdeo Kapar Late Yugeshwar Kapar resident of Village and Post- Malahi,
     P.S. Sursand, District- Sitamarhi.
10. Janki Rai Late Badri Rai resident of Village- Banauli, Post- Harari Dularpur,
    P.S. Sursand, District- Sitamarhi.
11. Md. Isha Ansari Late Md. Jan Ansari resident of Village- Chakri, Post-
    Bhittha Bazar, P.S. Sursand, District- Sitamarhi.
12. Tasleem Ansari Abdul Ansari resident of Village- Bispatti, Post- Baghari,
    P.S.- Sursand, District- Sitamarhi.
13. Bishwanath Rai Late Raghunandan Rai resident of Village and Post-
    Gausnaga, P.S. Runnisaidpur, District- Sitamarhi.
                                                         ... ... Petitioner/s
                                      Versus
1. The State of Bihar and Ors through the Secretary, Department of Home
    (Police), Bihar, Patna.
2.   Under Secretary, Department of Home (Police), Government of Bihar,
     Patna.
3.   Joint Secretary, Department of Home (Police), Government of Bihar, Patna.
4.   District Magistrate, Sitamarhi.
5.   Officer-in- Charge, District General Section, Sitamarhi.
                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :          Mr. Ramesh Kumar Choudhary, Advcoate
                                       Mr. Yogendra Mishra, Advocate
                                       Ms. Swati Mishra, Advocate
     For the Respondent/s   :          Mr. Manish Kumar (Gp4)
         Patna High Court CWJC No.2502 of 2019(3) dt.19-02-2026
                                                     2/3




                                                  Mr. Manoj Kumar, AC to GP-4
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
                                       ORAL ORDER

3   19-02-2026                    Heard learned counsel for the parties.

                               2. The petitioners, 13 in numbers, who are working as

                   Chowkidar with the Bihar Police in the Department of Home

                   have filed this writ petition praying for an appointment to be

                   given to their sons as chowkidar in terms of Bihar Chowkidari

                   Act, 1990 and the amendment made vide Memo No. 1896 dated

                   05.03.2014 thereto on their seeking voluntary retirement prior to

                   one month of their superannuation.

                               3. Learned counsel for the petitioners has submitted

                   that the aforenoted Act under which the relief has been sought

                   for by the petitioners has been struck down by the Division

                   Bench of this Court in the case of Devmuni Paswan vs. State of

                   Bihar reported in (2023) 2 PLJR 425 which has also been

                   upheld by the Hon’ble Supreme Court in SLP Civil No. 18983

                   of 2023.

                               4. In view of the Act having been struck down by the

                   Division Bench of this Court as well as by the Hon’ble Supreme

                   Court, learned counsel for the petitioners submit that the

                   petitioners does not have a case now, entitling them for the relief

                   sought for.
            Patna High Court CWJC No.2502 of 2019(3) dt.19-02-2026
                                                        3/3




                                  5. Accordingly, the writ petition stands disposed off

                      with no consequential order.



                                                    (Nani Tagia, J)
nishant/-

U

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