IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12188 of 2009 Binay Kumar son of Sri Banke Bihari Prasad, resident of village Sathi, P.S. & P.O. Sathi, District West Champaran Versus 1. The Union Of India through Secretary, Personnel Public Grievances and Pension Deptt. 2. The State of Bihar, through the Principal Secretary, Road Construction Department, Government of Bihar, Patna 3. The Principal Secretary, Road Construction Department, Government of Bihar, Patna 4. The Deputy Secretary, Road Construction Department, Government of Bihar, Patna 5. The Deputy Secretary, Personnel Public Grievances and Pension Ministry, Government of India 6. The Senior Project Engineer, Works Division, Katihar, Bihar Rajya Pul Nirman Nigam Ltd. ----------- For the Petitioner :M/s Y.V. Giri, Sr. Advocate & Ashish Giri, Advocate For the Union of India :Mr. Kalika Nand Jha, Advocate 02/ 14.09.2009 Heard learned counsel for the parties. 2. Petitioner is aggrieved by the order of the Department of Personnel and Training, Union of India dated 3.6.2009, Annexure-5 to this application, whereunder he has been allocated Jharkhand Cadre in terms of the powers exercised under sub-clause (1) of Clause 72 of the Bihar Reorganization Act, 2000 (hereinafter referred to as the Act). He is further aggrieved by the notification of the Road Construction Department, bearing No. 8768 (S) dated 14.8.2009, Annexure-7 to this application, whereunder in compliance of the directions of the Union contained in order dated 3.6.2009, Annexure-5 to this application, petitioner should be relieved under local arrangement with effect from 30.7.2009, failing which he shall stand relieved with effect from 7.8.2009 and shall draw his salary for the month of August, 2009 from Jharkhand State. 2 3. Learned counsel for the petitioner has assailed the orders dated 3.6.2009 and 14.8.2009, Annexures-5 and 7 on the ground that ignoring the seniority of the petitioner his five junior colleagues have been retained in the State of Bihar, namely, item nos. 8 to 12 of the chart appended with the provisional recommendation made by the State Advisory Committee. According to the learned counsel for the petitioner retention of five junior colleagues in the State of Bihar ignoring his seniority is violative of Articles 14 and 16 of the Constitution of India further petitioner was never asked to submit his option considering his seniority position. It is also submitted that the impugned orders having been made after passage of about eight years of the appointed day i.e. 15.11.2000 is in teeth of the proviso to sub-section (1) of Section 72 of the Act as under the proviso, the order ought to have been passed within one year from the appointed date i.e. 15.11.2000. Learned counsel further pointed out with reference to sub-section (1) of Section 72 of the Act that those who were not included in the provisional list, could not have been included in the final list allocatting them to a cadre without seeking option from them. 4. having heard counsel for the parties, I direct the petitioner to join the allocated cadre and thereafter through the Departmental Secretary of the allocated cadre and the Road Construction Department, Bihar represent before the State Advisory Committee and his representation be forwarded to the 3 Departmental Secretary of the allocated cadre and the Secretary of the Road Construction Department, Bihar within two weeks of its receipt by them and the State Advisory Committee shall consider the representation and recommend the case of the petitioner for being considered in the light of the fact that his five junior colleagues have been retained in Bihar ignoring the seniority of the petitioner and the order has been passed much beyond the time indicated in proviso to sub-section (1) of Section 72 of the Act in accordance with law. The entire exercise including the order be made by the Union of India, Department of Personnel and Training within a period of three months from the date of its receipt. 5. This writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)