IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16938 of 2009 ANOOP KUMAR S/O SRI BISHWANATH PRASAD GUPTA R/O 22, KASTURBA PATH, NORTH SRI KRISHNA PURI, P.O- PATLIPUTRA, P.S- SRI KRISHNA PURI, DISTT- PATNA- 800013 Versus THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, OLD SECRETARIAT, BIHAR, PATNA CHAIRMAN, STATE ADVISORY COMMITTEE, SINCHAI AWASH, BAILEY ROAD, PATNA PRINCIPAL SECRETARY CUM COMMISSIONER ROAD CONSTRUCTION DEPARTMENT, BISHWESHWARAIYA BHAWAN, BAILRY ROAD, PATNA CHIEF ENGINEER, CENTRAL DESIGN ORGANISTAION, ROAD CONSTRUCTION DEPARTMENT, BISHWESHWARAIYA BHAWAN, BAILEY ROAD, PATNA DEPUTY SECRETARY, HOME (SPECIAL) DEPARTMENT, OLD SECRETARIAT, BIHAR, PATNA 6. DEPUTY SECRETAY, PERSONNAL AND TRAINING DEPRTMENT, NEW DELHI SUPERINTENDING ENGINEER, RURAL WORKS DEPARTMENT, BISHWESHWARIYA BHAWAN, BAILEY ROAD, PATNA EXECUTIVE ENGINEER, RURAL WORKS DEPARTMENT, WORKS DIVISION-2, SHOHAR EXECUTIVE ENGINEER, CENTRAL LABORATORY, RURAL WORKS DEPARTMENT, GAYA PRESENTLY STITUATED AT BIMAR KUTIR, HOUE NP. 18, OPPOSITE HARIJAN THANA GALI, NEW PUNAICHAK, PATNA ----------- 2. 28.1.2010 Heard learned counsel for the petitioner, for the State of Bihar and learned counsel for the State Advisory Committee. The petitioner and one Sri Sunil Kumar were both recommended by the Bihar Public Service Commission at serial Nos. 5 and 18 of the recommendation, for the post of Research Assistant. Upon offer of joining, they both joined duty on 17.11.2000. In view of the reorganization of the erstwhile State of Bihar, their services were allocated to the State of 2 Jharkhand, presumably as alleged that in the concerned list of persons, the date of joining of the petitioner was not mentioned. The aforesaid Sri Sunil Kumar came to this Court in C.W.J.C. No. 2768 of 2006, questioning his allocation to the State of Jharkhand on the premise that he had joined the services of the reorganized State of Bihar after the cut off date of 15.11.2000 and therefore, the question of allocating his services to the State of Jharkhand considering him to be an employee prior to the cut off date as an employee of the erstwhile State of Bihar was illegal. The writ application was allowed by a reasoned order dated 17.5.2006. The submission is that the petitioner has also been wrongly allocated the State of Jharkhand and the order of this Court in C.W.J.C. No. 2768 of 2006, applies to him with equal force. Learned counsel for the State of Bihar submits that it is the responsibility of the State Advisory Committee to take any necessary corrective action, if required in law. This Court fails to appreciate the stand of the State of Bihar. The State Advisory Committee acts on the information furnished by the State of Bihar with regard to the employees. It appears that the State of Bihar does not wish to take responsibility for its own errors and is seeking to caste the burden on the State Advisory Committee. Learned counsel for the State Advisory Committee rightly submits that it is for the State of Bihar to 3 take necessary corrective measures, if any, and then advise the State Advisory Committee accordingly. The last submission on behalf of the State that it remains an issue of fact whether the order in C.W.J.C. No. 2768 of 2006 has attained finality or has merged into any appellate order. It goes without saying that the present order shall necessarily have to abide by the fate of C.W.J.C. No. 2768 of 2006, if it has attained finality, alternatively it shall naturally merged with any appellate order which has been passed. Annexure-1 is accordingly set aside in terms of C.W.J.C. No. 2768 of 2006. The application stands allowed. P. Kumar (Navin Sinha, J.)