DEVENDRA KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, for the State and for the State Advisory Committee.

(2.) THE petitioner on the appointed date i.e. 15.11.2000 was working as an Assistant in the Land Records and Survey Department of the erstwhile unified State of Bihar. In pursuance of the option invited for the purpose of allocation of cadres to the State of Bihar and the State of Jharkhand consequent to the reorganization of the State of Bihar, the petitioner submitted his option for the State of Bihar in which he declared himself to be a backward category candidate. The State Advisory Committee considered him as backward category candidate, when in their counter affidavit it has been stated that all backward category candidates were allotted the State of Bihar. The grievance of the petitioner is that after 15.11.2000 a fresh gradation list was published by the Respondents of Assistants. In this gradation list, the petitioner has been shown as a general category candidate. In fact, the petitioner was appointed in the general category and his service benefits etc. all reflects that he is in fact a general category candidate throughout and has not availed any benefit of the backward category candidate. It is next submitted that the petitioner does not have any intention of availing any benefit of backward category candidates. That this gradation list is the subject matter of challenge in another pending writ application.

(3.) THE counter affidavit of the Respondents states that the case of the petitioner has been considered as a reserve category candidate in accordance with the option given by him. The counter affidavit of the State Advisory Committee further states that the Department of Personnel of the State of Bihar sent a large number of representations, which resulted in more than thousand corrections in either reservation category or seniority, addition and deletion from the relevant list etc.