IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11146 of 2009 SUBODH KUMAR VERMA NO.2, SON OF SRI KEDAR NATH, RESIDENT OF FLAT NO.202, SUPRIYA ANUPAM VIHAR APARTMENT, ROAD NO.4. NEHRU NAGAR, POST OFFICE AND POLICE STATIN PATLIPUTRA, PATNA-14, PRESENTLY POSTED AT DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT PATNA----PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOOPMENT(HRD) DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 3. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT(HRD) DEPEARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE SECRETARY, DEPARTMENT OF HOME(SPECIAL) GOVERNMENT OF BIHAR, PATNA. 5. THE DEPUTY SECRETARY, DEPARTMENT OF HOME(SPECIAL) GOVERNMENT OF BIHAR, PATNA. 6. THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY, DEPARTMENT OF PERSONNEL AND TRAINING GOVERNMENT OF INDIA, HAVING OFFICE AT THIRD FLOOR, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI 110003 ---RESPONDENTS. WITH CWJC No. 11147 of 2009 SHYAM DEO JHA, SON OF LATE KAMDEO JHA, RESIDENT OF MOHALLA C/O SRI K.N.LAL HOME NO.6, GANDHI NAGAR, BORING ROAD, PATNA-1, POST OFFICE AND POLICE STATIN KRISHNAPURI, PATNA-1, PRESENTLY POSTED AS STATISTICAL SUPERVISOR, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA---PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOOPMENT(HRD) DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 3. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT(HRD) DEPEARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE SECRETARY, DEPARTMENT OF HOME(SPECIAL) GOVERNMENT OF BIHAR, PATNA. 5. THE DEPUTY SECRETARY, DEPARTMENT OF HOME(SPECIAL) GOVERNMENT OF BIHAR, PATNA. 6. THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY, DEPARTMENT OF PERSONNEL AND TRAINING GOVERNMENT OF INDIA, HAVING OFFICE AT THIRD FLOOR, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI 110003 ---RESPONDENTS. ----------- 02. 01.09.2009. Heard learned counsel for the petitioner and the State. 2. Petitioners of both the writ applications have challenged the order of the Union of India in the Department of Personnel and Training dated 10.7.2009, Annexure-1 series, whereunder they have been allocated Jharkhand cadre in terms of the provisions contained in Section 72 of the Bihar Reorganization Act, 2000 and the order has - 2 - been communicated to the petitioners by the Deputy Secretary of the Home(Special) Department bearing Memo No. 6211 dated 19.8.2009 with direction to the petitioners to join the allocated cadre by 4.9.2009. 3. It is submitted on behalf of the petitioners that allocation of the petitioners to the Jharkhand State cadre is contrary to the decisions of the two states taken on 5.4.2005, Annexure-5 series in terms of the provisions contained in the Bihar Reorganization Act, 2000. The decisions taken by the two states is subject to the approval of the Union of India and when the Union of India having considered the decisions of the two states has allocated the petitioners to Jharkhand cadre, I do not see any illegality in the order. In the circumstances, the two writ applications are dismissed. Rajesh/ (V. N. Sinha, J.)