PREM CHANDRA PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned Counsel for the petitioner submitted that the petitioner is a Class IV employee. Upon bifurcation of the State of Bihar and State of Jharkhand, in pursuance of Bihar Re-organization Act, 2000, an option was given to the petitioner to opt for cadre, either at the State of Bihar or at the State of Jharkhand. The petitioner opted for the State of Bihar and in pursuance of the Government policy at Annexure 5 to the memo of petition dated 2nd November, 2007, so far as Class IV employees are concerned, they must be allotted the cadre as per their choice and as per their option. Despite the fact that the petitioner opted for allocation of the cadre of the State of Bihar, the petitioner has been allocated the State of Jharkhand and, therefore, the present writ petitioner has been preferred for getting a writ of mandamus upon the respondents, so that the petitioner may be given or may be allocated the cadre of the State of Bihar.

(2.) Learned Counsel for the respondent-State of Jharkhand submitted that now a detailed counter affidavit has been filed, wherein, it has been stated at paragraph Nos. 5, 6 and 7 as under:

(3.) In view of the aforesaid submissions, the representation of the present petitioner along with others was sent to the Deputy Secretary, Home (Special) Department, Bihar, Patna, vide letter dated 8th August, 2008 and the State of Bihar, which is nodal State, has to take a decision upon the representation of the present petition, so far as cadre allocation is concerned.