IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6368 of 2006 1. Aftab Alam, son of Md. Ismail, resident of A-89, Police Colony, Police Station- Gardanibagh, District-Patna. 2. Bijendra Kumar Nirala, son of Sri Rajendra Prasad Yadav, resident of House No.261, A.P. Colony, Police Station-Rampur, District-Gaya. 3. Smt. Sangeeta Prasad, daughter of Late Yamuna Ram, resident of 18-C, Sri S.K. Puri, Police Station, S.K. Puri, District-Patna. 4. Rajiv Ranjan Singh, son of Sri Krishna Prasad Singh, resident of B.S.E.B. Colony, suit no.18, Shastri Nagar, Police Station Shastri Nagar, District-Patna. 5. Sunil Kumar Sinha, son of late Radha Krishna Prasad, resident of Mohalla Patel Nagar, Police Station-Shastri Nagar, District- Patna ---- Petitioners. Versus 1. The Bihar State Electricity Board, through its Chairman, Vidut Bhawan, Baily Road, Patna. 2. The Secretary, Bihar State Electricity Board, Vidut Bhawan, Baily Road, Patna. 3. The Joint Secretary, Bihar Electricity Board, Patna. 4. Member Secretary, C.M. Jha Committee, Head Quarter, Bihar State Electricity Board, Patna. 5. Chairman, Jharkhand State Electricity Board, Ranchi. 6. Union of India, Ministry of Power, New Delhi. 7. Secretary, Ministry of Power, Government of India, New Delhi ----- Respondents. ---------- 11. 12.5.2010 Learned counsel for the petitioners is permitted to implead the Union of India, Ministry of Power, New Delhi, and Secretary, Ministry of Power, Government of India, New Delhi, as party respondents, who are represented by Mr. Raghib Ahsan, learned Assistant Solicitor General, Government of India, and is present. Learned counsel for the 2 parties have already supplied two sets of their pleadings to him. 2. Heard Mr. R.K. Verma for the petitioners, and Mr. Chittaranjan Sinha for the respondents. The writ petition has been preferred by these five petitioners to set aside the order dated 9.5.2006 (Annexure-1), issued by the respondent Bihar State Electricity Board, whereby their promotions from the posts of the Accounts Officer to the next higher post of Deputy Director of Accounts has been recalled, and to restore their promotions from due dates. The order directs these petitioners to look after the posts of Deputy Director of Accounts in addition to their own duties. The further prayer is for the direction to recognize this part of services in accordance with law. 3. We have perused the materials on record and considered the submissions of learned counsel for the parties. In view of the provisions of the Bihar Reorganization Act, 2000, the present State of Jharkhand was carved out as an independent State in the Indian Federal structure from the undivided State of Bihar with effect from 15.11.2000. Consequently, the Bihar State Electricity Board 3 was also bifurcated. Prior to bifurcation of the respondent Board the petitioners were functioning as Accounts Officers. They were promoted to the next higher post of Deputy Director of Accounts which was recalled by the impugned order. They were, however, directed to look after the posts of Deputy Director of Accounts in addition to their own duties. Then arose the question of allocation of the employees of the undivided Board to the two Boards after bifurcation. The Government of India, in the Ministry of Power, constituted C.M. Jha Committee to examine the issues relating to allocation of the employees. The Committee has since submitted its report and awaits the final orders of the Board. 4. The writ petition is disposed of with the direction to the Bihar State Electricity Board to pass final order on the report submitted by the C.M. Jha Committee. The Board shall also consider and pass final order with respect to the issues relating to promotion of the petitioners with effect from due dates and pass appropriate order(s) in accordance with law. This Court will be pleased if entire process is completed within a period of three months from 4 today. 5. Before we part with the records, we wish to notice one aspect of the matter which has distressed us. Paragraph 24 of the counter affidavit of respondent no.4, sworn by the Member Secretary, State Advisory Committee Electricity Board, Patna, is reproduced hereinbelow: “24. That, it is humbly submitted that the Chairman SAC-EB has not get any remuneration for the 90% of work already completed so far. Out of 117 cadres to be bifurcated, 107 cadres have been bifurcated and the remaining ten cadres would be bifurcated soon provided information and clarification may come in time. It is not appreciated that this is a technical job and procedure according to the guide-lines has to be followed.” It is not in the right of governance that the Government of India should take work from individuals and do not make payment in time. We, therefore, direct the Secretary, Ministry of Power, Government of India, to ensure payment to all those who are engaged in discharge the functions of C.M.Jha Committee. This Court will be pleased if the payments are made within a period of three months from today. 7. The writ petition is accordingly disposed 5 of. Let a copy of this order be handed over to Mr. Raghib Ahsan, learned Assistant Solicitor General, Government of India. Let another copy of this order be handed over to Mr. Vinay Kirti Singh, learned counsel for the Bihar State Electricity Board to pass on the same to C.M. Jha Committee. Vinay/ ( S. K. Katriar ,J. )