(1.) In the accompanied writ application, the petitioner has inter alia prayed for direction upon the respondents to allocate the services of the petitioner to the Successor State of Jharkhand and to include his name in the Final Gradation List of the Officers of the Jharkhand Agriculture Service, Category-II (Agriculture Engineering).
(2.) The brief facts, as has been delineated in the writ petition, is that initially on the recommendation of Bihar Public Service Commission, the petitioner was appointed on the post of Assistant Engineer, Soil Conservations in the Department of Agriculture under erstwhile State of Bihar vide notification dated 18.11.1987 and was posted in the office of Deputy Director, Soil Conservation, Ranchi. Thereafter, it is stated that he was transferred and posted in the districts of Simdega, Gumla and at the time of filing of writ application, he was working in the district of Latehar. It has further been averred that after bifurcation of the State of Bihar, the petitioner submitted representation vide Annexure-2 to the writ petition, for allocation of services to the State of Jharkhand, but, to the reason best known to the respondents, the services of the petitioner has not been allocated to the State of Jharkhand, as a result of which the name of the petitioner has not been included in the Officers of the State Agriculture Service Category-II (Agriculture Engineering) although the name of the petitioner was included in the Tentative Gradation List vide Annexure-5 to the writ petition. Since there was certain discrepancies in the draft of the Tentative Gradation List in the Officers of the Jharkhand Agriculture Service Category-II (Agriculture Engineering) the petitioner submitted objection in writing before the appropriate authorities for necessary correction, but, it appears that the Government of Jharkhand, Department of Agriculture and Sugarcane Development, without considering the objection raised by the petitioner, has published the Final Gradation List of Class-II (Engineering Service) where name of petitioner does not find place. The petitioner has also represented before the Government of Jharkhand against non-inclusion in the Final Gradation List of the Jharkhand Agriculture Service Category-II (Agriculture Engineering) requesting them to publish amended Gradation List by incorporating the name of the petitioner at appropriate place vide Annexure-7 to the writ petition. Being aggrieved by inaction on the part of the respondents, the petitioner left with no other alternative, efficacious and speedy remedy has knocked the door of this Court under Article 226 of the Constitution of India for redressal of his grievances.
(3.) Mr. Naresh Prasad Singh, learned counsel for the petitioner has submitted with vehemence that petitioner throughout in his entire service period has served in the territorial jurisdiction of State of Jharkhand and even the 1st Assured Career Progression Scheme vide Annexure-4 to the writ petition was granted in the year 2006 with effect from 1999 and the 2nd Modified Assured Career Progression (M.A.C.P.) Scheme vide order dated 31.08.2013 with effect from 01.09.2008 has been granted to the petitioner by the State of Jharkhand, therefore, the case of the petitioner ought to be considered in view of Section 74 of the Bihar Reorganization Act, 2000.