AJIT KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been preferred by petitioner against the order no. 2 dated 7th December, 2005, issued by the Managing Director, Jharkhand State Agricultural Marketing Board, Ranchi (hereinafter referred to as "Marketing Board, Ranchi'). Giving reference to a decision taken by the Bihar State Agricultural Marketing Board, Patna, contained in letter no. 4392/Patna dated 5th December, 2005, petitioner has been informed that he has been allocated the State of Bihar, meaning thereby his services has been allocated under Bihar Agricultural Marketing Board, Patna.

(2.) ACCORDING to petitioner, he being sole member of his cadre 'Marketing Specialist', posted within the territory of Jharkhand, his services cannot be placed in another cadre under the Bihar State Agricultural Marketing Board, Patna.

(3.) ADMITTEDLY , as on 14th November, 2000 i.e. a day prior to the re -organisation of the State, the petitioner was posted at Bokaro; which now fall within the territorial jurisdiction of the successor State of Jharkhand. Even after the re -organisation of the State, till the impugned order no. 2 dated 7th December, 2005 was issued, the petitioner was posted at Giridih in the State of Jharkhand. In exercise of power conferred upon it u/s 65(1) and (2) of the Bihar Re -organization Act, 2000, the Government of India from Ministry of Home Affairs taking into consideration with the mutual consent of both the Bihar State Agricultural Marketing Board and Jharkhand State Agricultural Marketing Board, issued an order no. 12025/2004 -SR dated 13th September, 2004. Therein, the assets and liabilities in respect of both the Boards were apportioned in the following terms: