IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4073 of 2007 Rupsen Kumar, Son of Late Navratan Prasad, Village- Gaurari, Post Office- Sawari, Police Station- Baktitiyarpur, District Patna, presently posted as Compiler in the Food, Supply and Commerce Department, Government of Bihar, Old Secretariat, Patna-15 … Petitioner Versus 1. The State Of Bihar through Commissioner, Food, Supply and Commerce Department, Government of Bihar, Patna 2. The Commissioner, Food, Supply and Commerce Department, Government of Bihar, Patna 3. The Chief Secretary, Government of Bihar 4. The Commissioner, Department of Home (Special), Government of Bihar, Patna 5. The Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna 6. The Chairman, State Advisory Committee, Sichai Awas, Bailey Road, Patna 7. The Union of India through Secretary, Department of Personnel, Loknayak Bhawan, Khan Market, New Delhi- 110003 …. Respondents ----------- For the Petitioner :Mr. Anand K. Ojha, Advocate For the State :M/s Sunil Kumar Mandal, S.C.-24 & Dr.Abdus Shakoor, A.C. to S.C.-24 For the Union of India :M/s S.N. Pathak(S.C.C.G.) & Sahvind Kumar Sharma (CGC 03/ 28.09.2011 Heard learned counsel for the parties. Learned counsel for the petitioner has filed supplementary affidavit placing on record the order passed by the Home (Special) Department, bearing Memo No. 7802 dated 29.6.2010 whereunder the State of Bihar has informed the Chief Secretary, Jharkhand State that cadre allocation of the employees serving in the two States be taken as final as more than 10 years 2 have passed of the bifurcation of the State of Bihar under Bihar Re-organization Act, 2000. Earlier, under order dated 14.7.2007, petitioner was allocated State of Jharkhand as his cadre, which was stayed by this Court under order dated 31.7.2007 passed in I.A. No. 3933 of 2007 and by virtue of the said order, petitioner has continued in the State of Bihar. This writ petition is disposed of granting liberty to the petitioner to represent before the competent authority in the department of Personnel and Training, Ministry of Personnel, Public Grievance and Pension that notwithstanding the aforesaid order dated 14.7.2007 allocating Jharkhand State as the cadre of the petitioner, petitioner has continued in the State of Bihar by virtue of the stay order dated 31.7.2007, which is now vacated but he be allowed to continue in the present position in the light of the instruction of the Home (Special) Department of the State of Bihar, bearing Memo No. 7802 dated 29.6.2010. It goes without saying that the authorities of the Union of India shall consider the request of the 3 petitioner in accordance with law without being prejudiced by the fact that this Court vacated the earlier interim order of stay dated 31.7.2007. Arjun/ ( V. N. Sinha, J.)