IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4387 of 2008 RABINDRA KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 5/ 5/5/2008. Heard learned counsel for the petitioner, learned counsel for the State of Bihar, learned counsel for the State of Jharkhand and learned counsel for the State Advisory Committee. The petitioner is before this Court with a prayer for directing the respondents to allot his services to the cadre of the Jharkhand State consequent to the reorganization of the State of Bihar. It is his case that he exercised his option for allocation to the State of Jharkhand for personal reasons. It is next submitted that the petitioner had originally joined in 1986 in the Ranchi Mansik Arogyashala, now called Ranchi Institute of Neuro Psychiatry & allied Sciences, Kanke, Ranchi on 15.9.1998, he was transferred and posted with the R.D.D.H. Magadh Pramandal, Gaya where he joined and is presently posted at Rajauly Primary Health Centre in the district of Nawadah. In support of his claim for allocation of his services to the State of Jharkhand, he submits that the petitioner was wrongly posted at Gaya from Ranchi in the year-1998. It is fairly conceded that the petitioner did agitate the matter against this allegedly wrong posting and accepted the same. The law stands settled that mere exercise of option creates no legal right so as to found a cause of action for a mandamus simpliciter upon the same. Counter affidavit has been filed on behalf of the respondent - 2 - State. It states that the petitioner belonged to a District Cadre post and not to a State Cadre Post. That District Cadre Posts are not the subject matter for reallocation of cadres consequent to the reorganization of the State which is confined to the State Cadre Posts. This Court thus finds no merit in this writ application. The same is accordingly dismissed. KC ( Navin Sinha,J )