IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3942 of 2011 RANBIR PRASAD, SON OF LATE KRISHNA DEO SAHU, RESIDENT OF VILLAGE- RASOOLPUR, P.O.- JANDAHA, P.S.- JANDAHA, DISTRICT-VAISHALI, AT PRESENT RESIDING AT SATPURA ROAD, AGHORIYA CHOWK, MUZAFFARPUR. …..PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF AGRICULTURAL, GOVERNMENT OF BIHAR, PATNA. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF AGRICULATURAL, GOVERNMENT OF BIHAR, PATNA. 3. THE AGRICULTURE PRODUCE COMMISSIONER, DEPARTMENT OF AGRICULTURAL, GOVERNMENT OF BIHAR, PATNA. 4. THE DIRECTOR, AGRICULTURE, DEPARTMENT OF AGRICULTURAL, GOVERNMENT OF BIHAR PATNA. 5. THE DEPUTY DIRECTOR, ADMINISTERATION, DIRECTORATE OF AGRICULTURAL, GOVERNMENT OF BIHAR, PATNA. 6. THE DISTRICT AGRICULTURE OFFICER, SITAMARHI. 7. THE STATE ADVISORY COMMITTEE, BIHAR, PATNA. 8. THE PRINCIPAL SECRETARY, HOME (SPECIAL) DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 9. THE DEPUTY SECRETARY, HOME (SPECIAL), GOVERNMENT OF BIHAR, PATNA. …….RESPONDENTS. ----------- 2. 19.04.2011 Service of the petitioner was initially allocated to Jharkhand State in the year 2003 against which petitioner filed representation. Matter remained pending and petitioner continued under the Bihar Government. In due course of time he was granted promotion in grade as well in scale. At present, he is Block Agriculture Officer drawing salary in the scale of Rs. 5,000- 8,000/-. By Annexure-12 dated 18.10.2010, petitioner and others have been finally directed to report in the concerned department under the Government of Jharkhand and it has been mentioned that, with effect from 4.12.2010, all the incumbents under the list - 2 - shall be treated as relieved. Petitioner has filed this writ application apprehending that if he joins in the Jharkhand State he may not be given the same seniority and pay scale which he has been given here. Learned counsel for the petitioner submits that in the subsequent notification of the Agriculture Department, persons similarly situate have been posted as Sub-Divisional Officer but the case of the petitioner has not been considered. Obviously the case of the petitioner could not be considered subsequently as by letter no. 3025 dated 18.10.2010, issued under the signature of Director Agriculture, he was directed to hand over the charge and proceed to join his duty under the Jharkhand Government, failing which he was to stand relieved with effect from 4.12.2010. Hence, after 4.12.2010 petitioner could not be treated as an employee of the State Government. Learned counsel for the petitioner submits that in fact, he was relieved by the District Agriculture Officer only on 20.12.2010. That cannot come to the aid of the petitioner since by operation of the order of the Department dated 18.10.2010. He stood relieved automatically with effect from 4.12.2010. Any consequential action of his controlling authority could not change the position. Learned Additional A.G. No. 7 appearing for respondent State of Bihar submits that once the petitioner - 3 - joins in Jharkhand State, he will be entitled to the same seniority and pay scale which he was drawing in Bihar while in service and a rank which he was holding. In the circumstances in view of the statement of learned Addl. A. G. No. 7 this writ application is disposed of. Devendra/ ( J. N. Singh, J. )