LAWS(PAT)-2012-5-99

KAILASH PRASAD SINGH Vs. UNION OF INDIA : DEPUTY SECRETARY (SR) : STATE OF BIHAR : SECRETARY HOME (SPECIAL) DEPARTMENT : PRINCIPAL SECRETARY (FORMERLY COMMISSIONER-CUM-SECRETARY) DEPARTMENT OF LABOUR RESOURCES : DEPUTY

Decided On May 01, 2012
KAILASH PRASAD SINGH Appellant
V/S
Union Of India : Deputy Secretary (Sr) : State Of Bihar : Secretary Home (Special) Department : Principal Secretary (Formerly Commissioner -Cum -Secretary) Department Of Labour Resources : Deputy Respondents

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.) The main issue raised in this appeal is whether the Central Government had power or not to review the final allocation of services of respondent No.11 and thereby cancel his allocation to Jharkhand and allocate him to State of Bihar.