KAILASH PRASAD SINGH S/O SHRI SHIV NARAYAN SINGH Vs. UNION OF INDIA THROUGH THE SECRETARY GOVERNMENT OF INDIA MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSION DEPARTMENT OF PERSONNEL AND TRAINING LOK N AYAK BHAWAN KHAN MARKET NEW DELHI

JUDGEMENT

(1.) PARTIES have been heard at length for the purpose of disposal of this appeal at the stage of admission itself. This Letters Patent Appeal has been preferred by the writ petitioner against dismissal of CWJC No. 5488 of 2009 by judgement and order dated 4-8-2010 passed by a learned Single Judge of this court.

(2.) INITIALLY the prayer of the writ petitioner was for quashing of order contained in memo No. 886 dated 13-4-2009 whereby the State Government decided interse seniority and held the respondent No.11, Ram Babu Chaudhary senior to the petitioner and for quashing of decision of the Central Government vide letter dated 22-8-2006 whereby allocation of respondent No. 11 to the State of Jharkhand was reversed and he was allocated to the State of Bihar. Later, through an Interlocutory application the writ petitioner sought another relief for quashing of notification dated 3-3-2010 whereby the State Government gave additional charge of Chief Inspector of Boilers to respondent No. 11.

(3.) THERE is no dispute that in the erstwhile State of Bihar, on all counts respondent No.11 being appointed in 1983 was senior to the appellant who was appointed in the same service after 14 years, in 1997. On the basis of option, service of respondent No.11 was provisionally allocated to State of Jharkhand by notification dated 28-6-2002. THEREafter on 22-7-2002 he made a representation before the Central Government against his tentative allocation by raising medical grounds that he was allergic to coal, dust and that weather in Jharkhand State was not suitable for him. Respondent No.11 continued in the successor State of Bihar and was made Incharge Chief Inspector of Boilers on 16-10-2004. Notwithstanding his representation on medical grounds, he was finally allocated to State of Jharkhand on 23-2-2005 and vide order dated 23-7-2005 he was relieved for joining at Jharkhand. After joining, respondent No.11 filed CWJC No. 4325/2005 for challenging the order finally allocating him to State of Jharkhand but that writ petition could not be decided on merits because in the meantime by the impugned letter dated 22-8-2006 issued by the Deputy Secretary, Government of India the cadre allocation of respondent No.11 was reviewed and he was allocated to State of Bihar. That writ petition was disposed of because Jharkhand State agreed to relieve the respondent No.11 in compliance of order dated 22-8-2006. Respondent No.11 was relieved by order dated 14-03-2007 and joined in the State of Bihar.