SURENDRA PRASAD SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition was preferred by the petitioners for a direction on the 1st respondent and/or the State Advisory Committee to consider the objections, preferred by them against their tentative allocation in the cadre distribution.

(2.) DURING pendency of the writ petition, the Central Government issued Notification No. 6(B)/2004 dated 29th July, 2004, whereby and whereunder, in exercise of power, conferred under Sec. 72(2) of the Bihar Re -organization Act. 2000, the services of the petitioners along with others have been placed under the successor State of Bihar.

(3.) THE petitioners, who are Assistant Engineers in the Water Resources Department, claim to be the members of backward category. According to them, they were appointed after the year, 1987 as Assistant Engineers against the posts, reserved for backward category. The total strength of Assistant Engineers were to the distributed at the ratio of 2.36:1 to the State of Bihar and Jharkhand respectively and, accordingly, the working strength has been allocated. Out of total sanctioned strength of 2760, 1938 have been allocated to the State of Bihar and 822 post have been allocated to the State of Jharkhand. Accordingly, the working strength has been divided in the same ratio of 2.36:1 and out of total 2529 working strength, 1776 members have been allocated to the successor State of Bihar and 753 have been allocated to the successor State of Jharkhand. According to the petitioners, out of 753 Assistant Engineers, who have been allocated the successor State of Jharkhand, the petitioners are concerned with regard to 141 number of Assistant Engineers, who have been allocated the State of Jharkhand against the posts, reserved for backward category.