STATE OF BIHAR Vs. RAVINDRA PRASAD SINGH

JUDGEMENT

(1.) A writ petition was filed by respondent no. 1 herein seeking direction 'to consider and take a decision' on his representation dated 16.01.2008 by which he had made a request either to relax the condition contained in notification no. 12730 dated 05.12.2007 providing that his claim for seniority would not be considered or to permit him to join his post in the State of Bihar as per the final cadre allocation. Following the judgment in "Rajendra Pratap Sinha Vs. State of Jharkhand and Others, 2009 2 JLJR 750", the writ petition was allowed holding that the writ petitioner (respondent no. 1 herein) is entitled to claim seniority on the basis of the original gradation list. Aggrieved, the State of Bihar through, the Home (Special) Department, Government of Bihar has preferred this Letters Patent Appeal.

(2.) The issue involved in the present case is, whether the employees opting for mutual transfer from one State to another State can be subjected to a condition whereunder their claim for seniority in terms of the original gradation list would not be entertained and whether such employees whose request for mutual transfer has been accepted by the respective States are entitled for protection under Section 73 of the Bihar Reorganisation Act, 2000?

(3.) Before dealing with the issue involved in the present Letters Patent Appeal, it would be appropriate to notice various orders/circulars/notifications of the Central Government, the Government of Bihar and the Government of Jharkhand issued in this regard. Under Section 72(2) of the Bihar Reorganisation Act, 2000 the Central Government was to allocate cadre and post in various services of the undivided State of Bihar. Under the scheme adopted for division of cadres and allocation of posts and personnel, the government employees were called upon to submit their options for serving either in the reorganised State of Bihar or in the newly created State of Jharkhand. The State Advisory Committee, created for the purpose, prepared a tentative list of the employees in various departments. After the publication of the tentative allocation list, the State Advisory Committee invited objections and thereafter, the final cadre allocation orders were issued. After the final allocation orders were issued, a large number of representations were received by the Ministry of Personnel, Public Grievances and Pensions, Government of India for reallocating the cadre. On 15.09.2004, Department of Personnel and Training, Government of India wrote letter to the Chief Secretary, Government of Bihar and Government of Jharkhand indicating that the representation made on behalf of the employees falling under certain categories may be considered. Thereafter, the Special Secretary, Home (Special) Department vide letter dated 21.05.2005 requested the Chief Secretary, Government of Jharkhand to entertain applications for mutual transfers on the following conditions,