IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7993 of 1998 Rabindra Prasad Sinha, son of late Pitamber Singh, resident of Mohalla Shalimpur Ahra, P.S. Gandhi Maidan, district Patna at present posted as Laboratory Technician in Infection Disease Hospital, Unit of Nalanda Medical College and Hospital, Agamkuan, Patna. -------- Petitioner Versus 1. The State of Bihar through the Commissioner-cum-Secretary, Department of Health, Medical Education and Family Welfare, Government of Bihar, Patna. 2. Director in Chief, Health Services, Department of Health, Medical Education and Family Welfare, Government of Bihar, Patna. 3. Superintendent, Nalanda Medical College and Hospital, Patna. ------ Respondents ----------- 9 19.08.2011 No one appears on behalf of the petitioner. From perusal of the record as also the nature of relief sought for in this writ application, it becomes clear that the petitioner wants creation of a joint cadre. The respondents, however, had explained in the counter affidavit that the petitioner holds the post of Laboratory Technician, which is a State cadre post and, therefore, the same cannot be clubbed with the other class-3 post of Nalanda Medical College and its joint cadre. As a matter of fact, it is the prerogative of the executive to either 2 amalgamate the cadres or bifurcate the cadres and no mandamus can be issued by this Court for either creation of cadre or bifurcation of cadre. It is only when a cadre is created affecting the vested rights of an incumbent either by amalgamating different cadres in one cadre or segregating the joint cadre in to many cadres that this Court make examine the rationale of such decision but, a prayer of this nature directing the respondents to create a joint cadre by amalgamating the cadre of employees of Class-3 at the Medical College level with the cadre employees of the State level cannot be allowed. As a matter of fact, the solitary overemphasized aspect in the writ petition that since the petitioner or other Laboratory Technicians were being transferred to the Medical College, they would be deemed to be part and parcel of the Medical College Cadre, is itself misconceived inasmuch as an incumbent of a State cadre can be posted anywhere on a cadre post without disturbing his seniority and other rights as they would still be governed in the cadre to which he 3 belongs. That being so, this application is wholly misconceived and is, accordingly, dismissed. Rsh (Mihir Kumar Jha, J.)