INDRA DEO PASWAN Vs. UNION OF INDIA

JUDGEMENT

(1.) In this batch of proceedings under Article 226 of the Constitution, the petitioners are aggrieved by their transfer/allocation to the State of Bihar in terms of provisions of the Bihar Reorganization Act, 2000 (hereafter called 'The Act'

(2.) All the petitioners were officers and employees of the erstwhile State of Bihar; upon coming into force of the Act, the State of Bihar was reorganized and two States, namely, Bihar and Jharkhand were created.

(3.) The Act came into force on 15.11.2000; it was enacted in terms of Articles Land 4 of the Constitution of India; certain guidelines had been formulated in September 2000 by the Central Government, dealing with the subject of allocation of posts. It created a Reorganization cell and indicated the broad parameters for allocation of personnel. Clause 4(b) of the guidelines indicated that it was open for the Government to post them either provisionally or on final basis in any successor State, in the administrative interest or in tne exigencies of public service.