IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12758 of 2009 BRAHMDEO SINGH & ANR Versus THE STATE OF BIHAR & ORS ----------- 2. 7.10.2009 Heard learned counsel for the petitioners, for the Union of India and for the State of Bihar. No one appears on behalf of the State Advisory Committee. The controversy in this writ application revolves around bifurcation of the State of Bihar and the consequent allocation of cadre. It is the case of the petitioners that they were appointed as general category candidates in the Home (Special) Department of the State Government as Typist. They are entitled to be considered for allocation of cadre in accordance with their general category status and in which category they also submitted their option. It is their further case that as general category candidates in accordance with the criteria for allocation of cadres, they are entitled to be allotted the State of Bihar. Unfortunately, they are being treated as backward category candidates for the purposes of allocation of cadres and have been allocated the State of Jharkhand. Reliance is placed on an order of this Court in C.W.J.C. No. 5381 of 2007 holding that an employee would belong either to the general category or the reserved category. He could not be a general category candidate for some purposes and a backward category candidate for other purposes. Directions were issued to examine the case on basis of the category in which the employee 2 stood as on the date of bifurcation of the cadre and then referred to the State Government to recommend the case and the State Advisory Committee shall then decide the issue of allocation accordingly. This order, at the behest of the State of Bihar, was questioned in L.P.A. No. 889 of 09 unsuccessfully. The writ petition is therefore disposed with the similar directions as noticed in the orders of this Court in C.W.J.C. No. 5381 of 07 and L.P.A. No. 889 of 09 to decide the issue of allocation of cadre of the petitioners and the category in which he is to be considered thereupon in accordance with law. Till such time that a decision is not taken by the respondents in accordance with the directions of this Court referred to above, the respondents are restrained from interfering with the services of the petitioners in the State of Bihar. The writ application stands disposed off. P. Kumar (Navin Sinha, J.)