RAM CHANDRA PRASAD SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners in both writ applications are holding the post of Inspectors (N) in the Special (Branch of Bihar Police. They have challenged the decision of the Central Government to allocate their services to the State of Jharkhand on recommendation of the State Advisory Committee. The impugned orders have been challenged by the petitioners on the ground that the post (of Inspector (M) with the Special Branch is not State level post, as such petitioners are not liable to be allocated to Jharkhand state for the specific reason that the exercise of Cadre division between two States is confined only to State level posts Petitioners have also challenged the opinion of the Advocate General, Bihar, based on which the Advisory Committee, recommended for allocation of their Cadre to the State of Jharkhand. The petitioners in C.W.J.C. No. 12848 of 2006 have prayed for quashing order No. 75 (b) dated 12.9.2006 and Order No. 75 (Jh) of Central Government, dated 12th September, 2006 whereas petitioners in C.W.J.C. No. 9115 of 2006 have prayed for quashing Letter No. 1591 dated 18.9.2002 and Order dated 24.12.2005.

(2.) Petitioners' case is that prior to 1.4.1970 Subordinate Cadre was existing in the Special Branch and the members of the Subordinate Cadre were also the members of Bihar Non-Gazetted Employees Association. In order to agitate their demands the members of this Association went on strike in between 11th to 25th July, 1968 and in order to resolve the dispute meeting was held between the higher officials and the agitating members. The resolution was to create and executive (M) Cadre from among all the persons working in Subordinate Cadre of the Special Branch. The employees of the newly created Executive (M) Cadre were decided to be vested with all powers, function and facilities of the police. They were also to be guided by one Rule under the Bihar Police Manual/ i.e. Police Act 5 of 1961 and not by the Secretariat Circular. The Government approved this decision and an order was issued limiting the cadre strength of executive (M) of 120 persons. By Letter dated 7th of October, 1969 issued under the signature of the Under Secretary, Political Police Department, Government of Bihar Ministerial Cadre of the Special Branch of C.I.D. was reorganised as Executive (M) Cadre. Some of the Lower Division Clerks of the Intelligence Department were posted as Junior Sub- Inspector (M) in the new Executive Ministerial Cadre. Petitioners were also appointed by way Of promotion as sub-Inspector (M) in the Executive Ministerial Cadre.

(3.) In pursuance of the Bihar Reorganisation Act, 2000, employees of the Executive (M) Cadre were asked to give their options for allocation of their Cadre in Bihar and Jharkhand. The petitioners opted for Bihar. In spite of that 5 Inspectors (M) and 17 Sub-Inspectors (M) were provisionally allocated to Jharkhand. The petitioners represented against tentative allocation/fellotment. But finally the petitioners were allocated to the State of Jharkhand Cadre ignoring their representation, where they have raised their objections on the ground that their posts not being of the State level Cadre their services cannot be transferred to the Jharkhand State. Only such posts which are of State level are transferable under Section 72 of the Reorganisation Act for Cadre allocation. The petitioners Claim to be the member of Ministerial Cadre and their stand is that they cannot be transferred even in the State of Bihar without there being compliance of the provision of Rule 865 of the Bihar police Manual Rule 865 deals with transfer of Ministerial Staff which states that:-