RAM SURESH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner, learned Counsel for the State of Bihar as also for the State Advisory Committee and the State of Jharkhand.

(2.) THE petitioner is aggrieved by the order dated 16.1.2007 by which he has been finally allocated the Jharkhand cadre. His grievance, inter alia, is non -consideration of the objection filed by him on 15.8.2003.

(3.) THE claim of the petitioner appears to rest on the fact that under allocation of cadres upon re -organisation of the State only one seat was allotted in the backward class category to the State of Jharkhand. From the counter affidavit of the State Advisory Committee, it is apparent that during actual allocation of cadres the need to allot a seat in the reserved category of ST and SC to the State of Bihar led to decline to the number of seats of backward class category to the State of Bihar and increase in the number of seats of backward class category to the State of Jharkhand. The petitioner was at gradation 4 of the list being junior to the persons allocated to the State of Bihar being at gradation 3 of the list, this Court is left satisfied that there has been no violation of the principles on which the State Advisory Committee was to act. In any event, the domicile of the petitioner is Jharkhand. The mammoth exercise that has been carried out cannot be lost sight of. Seven years have passed. For this Court to today start interfering in individual claims unless there be any statutory violation will not be proper. The counter affidavit specifically states in paragraph 15(vi) that the representation of the petitioner has been duly considered.