IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3768 of 2009 NARENDRA KUMAR AGED ABOUT 45 YEARS SON OF SRI RAMSWAROOP PRASAD, RESIDENT OF SOUTH CHANDMARI ROAD, KANKARBAGH, PATNA-20, P.S. KANKARBAGH, DISTT. PATNA. ... PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE CHIEF SECRETARY,GOVERNMENT OF BIHAR, PATNA. 3. THE PRINCIPAL SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVERNMENT OF BIHAR, PATNA. 4. THE PRINCIPAL SECRETARY, HOME DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 5. DEPUTY SECRETARY (HOME,SPECIAL)GOVERNMENT OF BIHAR, PATNA. 6. PRINCIPAL SECRETARY, DEPARTMENT OF ANIMAL HUSBANDARY & FISHERIES, GOVERNMENT OF BIHAR, PATNA. 7. DIRECTOR, DIRECTORATE OF DAIRY DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA. ... RESPONDENTS. ----------- 2. 23.7.2009. Heard learned counsel for the petitioner and the learned counsel for the State. Pursuant to division of the United State of Bihar, petitioner was allocated to Jharkhand State. Later he sought mutual transfer which was allowed in terms of Home(Special) order bearing Memo No.10279 dated 5th July,2006 (Annexure-7). Having joined the Bihar State in the light of the order Annexure-7, name of the petitioner was placed in the tentative gradation list published by the Director, Dairy Development as contained in Memo No.1219 dated 4.12.2006 - 2 - (Annexure-8) maintaining his seniority as he submitted before the authorities that having come to the State of Bihar in terms of mutual transfer he should not be asked to forgo his seniority. The submission appears to have been accepted by the authorities in the light of the earlier policy decision dated 21.5.2005 as contained in Annexure-3 duly amended under Memo No.15321 dated 8th November,2006 (Annexure-5). Counsel submits that while preparing the final preparation list, the authorities are proposing to place him at the bottom of the seniority list of the year in which he was appointed. Such placement according to the learned counsel for the petitioner is in teeth of the earlier policy decision which was agreed to by the Union, State of Bihar and Jharkhand as would appear from Annexures 3 and 5. In this connection, learned counsel refer to the order of the Home(Special) Department bearing Memo No.277 dated 3rd February,2009 wherefrom it appears that State of Bihar has unilaterally resolved to place - 3 - N.H./ the mutually transferred employees at the bottom of the seniority list. Counsel submits that such unilateral decision of the State of Bihar as indicated in Memo dated 3rd February,2009 (Annexure-9) is in teeth of the earlier policy decision which was agreed to by not only the State of Bihar, the State of Jharkhand but also by the Union of India. Such unilateral decision should not bind the petitioner as he has come to the State of Bihar under mutual transfer in the light of the earlier policy decision. Let the petitioner highlight the aforesaid grievance before the competent authority of the Directorate of Dairy Development as also the Home(Special)Department of the State Government and the representation should be considered as early as possible in any case before the finalization of the gradation list. This application is, accordingly, disposed of. ( V.N. Sinha,J.) - 4 -