IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.139 of 2011 Smt.Reena Jha wife of Sri Vijay Kant Jha, Sub Inspector of Police, Samastipur, District Police Force, Police Line, Samastipur, permanent resident of village- Dularpur, Police Station Teghra, Dist. Begusarai .......Appellant Versus 1. The State Of Bihar through the Director General- cum-Inspector General of Police, Bihar, Patna 2. The Deputy Inspector General of Police (Personnel), Bihar, Patna 3. The Senior Superintendent of Police, Patna 4. The Superintendent of Police, Samastipur 5. The Chairman of State Advisory Committee (Rajya Pramarsdatri Samiti), Personnel Cell, Sinchai Awas, Bailey Road, Patna .........Respondents ----------- For the Appellant: Mr. Ashok Kumar Mishra, Advocate For the State: Mr. Shivam Singh AC to AAG 1 For Union of India: Mrs. Kalpana CGC ------- 5 24-06-2011 Heard learned counsel for the appellant, learned counsel for the State of Bihar and learned counsel for the State Advisory Committee constituted under the Bihar Reorganization Act. It appears that appellant made a prayer/ representation for being allocated to State of Bihar from the State of Jharkhand on the ground that her husband is working in Barauni Refinery of Indian Oil Corporation situated in Bihar. Her prayer was rejected by the State Advisory Committee and communicated by order dated 28-10-2004. A copy of that order is available as annexure- A to the counter affidavit filed in this appeal on behalf of respondent no.5, the State Advisory 2 Committee. According to that order if the husband of the appellant is holding a non transferable post within the State of Bihar either in the Central Government, State Government or in undertaking etc. owned by them, then only the appellant’s claim could be allowed. Clearly, the authorities were not satisfied that appellant’s husband held a non transferable post in a Central Government undertaking within the Bihar. The writ petition bearing CWJC no. 8006/2005 preferred by the appellant has been dismissed by the order under appeal dated 27-8-2010 on the ground that in the writ petition there was no pleading that the post on which appellant’s husband is working is non transferable post in the State of Bihar. We noticed the said lacunae in the writ petition but, in the interest of justice, we gave an opportunity to the appellant to correct her pleadings and support the same with materials, if any. A supplementary affidavit has been filed on behalf of the appellant in which it has been specifically stated that her husband is working on a non transferable 3 post in the Indian Oil Corporation, Barauni Refinery, Begusarai and in support of such pleading a certificate dated 25-4-2011 issued by the Deputy Manager (Employee Relations), Indian Oil Corporation, Barauni Refinery has been annexed as annexure-3. In the counter affidavit there is nothing to show that the said certificate is not reliable. In the facts and circumstances of the case, we are of the view that interest of justice requires reconsideration of appellant’s claim by the State Advisory Committee. It goes without saying that while reconsidering the appellant’s claim for being allocated to the State of Bihar the State Advisory Committee will be free to verify the correctness or otherwise of the certificate contained in annexure-3 and also be entitled to consider all the relevant facts and circumstances and relevant rules before taking a decision afresh in accordance with law. In view of aforesaid discussion, the order of the State Advisory Committee noticed above as well as the order of the writ court are set aside and the matter is 4 remitted back to the State Advisory Committee for reconsideration of appellant’s claim keeping in view the certificate contained in annexure-3, expeditiously in accordance with law. We would appreciate if a final decision is taken by the State Advisory Committee within three months. The appeal is disposed of accordingly. BKS/- (Shiva Kirti Singh, J.) (V. Nath, J.)