MAMOODIN ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS application has been preferred by the petitioner against Order No. 6(jh)/2004 and Order No. 6(b)/2004 both dated 29th July, 2004, whereby and whereunder, the Central Government in exercise of power, conferred under Section 72(2) of the Bihar Re -organization Act, 2000, has allocated him the successor State or Bihar.

(2.) LEARNED Counsel for the petitioner relied on recent guidelines, issued by the Central Government vide Memo No. 14/ 279/2004 -SR(S) dated 15th September, 2004 and submitted that the State Government has been empowered for fresh allocation of the State on certain grounds. Though such submission has been made, there is nothing on the record to suggest that the petitioner is covered by the aforesaid guidelines.

(3.) IF any representation is preferred by the petitioner within a period of three weeks for re -allocation of the cadre on the ground of mutual transfer or posting of spouse or on any other valid ground, the competent authority of the State, under whom the services of the petitioner has been placed, will decide the claim. If it is decided in favour of the petitioner, the authority concerned will forward the decision to the competent authority of the Central Government within a period of six weeks from the date of receipt of such representation. Thereafter, if any fresh notification under Sec. 72(2) of the Bihar Re -organization Act, 2000 is required to be issued, the Central Government may issue the same.