RADHE SHYAM RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Y.C. Verma, Sr. Advocate appearing on behalf of the petitioner and the J.C. to AAG 5 representing the State. Also heard Mr. Rakesh Kumar Singh counsel representing the State Level Advisory Committee and Mr. Dhrub Mukherjee, counsel appearing for the State of Jharkhand.

(2.) THE petitioner is a lecturer in Chemistry in an intermediate Level School (Plus two school). In the cadre division his service has been allocated to the State of Jharkhand. It is not in dispute that the petitioner is domiciled in this State and he had given option to stay in Bihar. It is also not in dispute that in the tentative allocation list he was own in the list for the State of Bihar. Later, in the final allocation his service was given over to the State of Jharkhand.

(3.) THOUGH the representation is addressed to the Chairman of the State Level Advisory Committee it was submitted before the Director, Secondary Education Cell who forwarded it to the Education Department from where it was sent to the State level Advisory Committee. The representation is signed in Hindi as Radhe Shyam. Rejoinder affidavits are filed on behalf of the petitioner in which he once again strongly denies having filed any second option/representation for posting in Jharkhand. It is submitted on behalf of the petitioner that the so -called representation is fake and it was mischievously filed by someone in order to harm him. On behalf of the petitioner it is stated that his father had no connection with Hazaribagh and he never lived there. It is stated that the petitioner 'sfather was an old person aged about 80 years he was completely paralysed. He lived with the petitioner at Bhagalpur.