IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.5657 OF 2010 1. SUBODH KUMAR VERMA NO. 2 S/O SRI KEDAR NATH R/O FLAT NO.2-2, SUPRIYA ANUPAM VIHAR APARTMENT, ROAD NO.4, NEHRU NAGAR, P.S.- PATLIPUTRA, DISTT.- PATNA 2. SHYAMDEO JHA S/O LATE KAMDEO JHA R/O MOHALLA- GANDHI NAGAR, HOUSE NO.6, BORING ROAD, P.S. SRI KRISHNA PURI, DISTT.- PATNA ………………………………………………………………………..PETITIONERS VERSUS 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. PRINCIPAL SECRETARY, DEPARTMENT OF HOME (SPECIAL), GOVERNMENT OF BIHAR, PATNA 3. SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF JHARKHAND, RANCHI 4. DIRECTOR, ADMINISTRATION-CUM-JOINT SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA 5. DEPUTY SECRETARY, HOME (SPECIAL) DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 6. OFFICER ON SPECIAL DUTY, HOME (SPECIAL) DEPARTMENT, GOVERNMENT OF BIHAR, PATNA ………………………………………………………………………….RESPONDENTS ******** 4 17/05/2010 The petitioners have challenged the order dated 19.03.2010 contained in memo no. 621 issued by the Director (Administration) –cum- Joint Secretary, Human Resources Development Department, Government of Bihar, Patna whereby the petitioners have been relieved from their services from Bihar with effect from 19.03.2010 to join at Jharkhand under the provisions of the State Re-Organization Act, 2000 on the ground that the petitioners have filed their application making a representation to allow them to remain in the Bihar cadre in pursuance of the guidelines issued by the Personal, Public Grievances 2 and Pension Ministry, Government of India, New Delhi. The petitioners had earlier filed CWJC No. 11146 of 2009 and analogous cases which were disposed of by order dated 01.09.2009. The writ application was dismissed as the Court found that the Union of India had after considering the decision of the two states i.e. Bihar & Jharkhand, the petitioners were allocated the Jharkhand cadre. After the dismissal of the writ application, the Government issued a letter staying the transfer of the petitioners on 15.04.2010. After the order of stay, the order dated 13.05.2010 was issued taking into consideration the earlier writ filed on behalf of the petitioners and subsequently, orders were issued that the petitioners should join the Jharkhand cadre which had been allocated to them earlier. The main contention raised on behalf of the petitioners is that there is a policy decision of the Government dated 17.12.2009 which amongst other condition, also include that the Government will take into consideration the cases of single matters, if an employee has not been allocated the cadre of his choice and in the event posts are vacant and the employee is willing to give up his seniority, he makes an application to this effect, the Government would consider retaining him in the cadre of his choice. This decision is 3 contained in memo no. 10458 dated 17.12.2009 (Annexure-7). The petitioners submit that they had made an application to the effect as envisaged in the decision of the Government but it has not been taken into consideration. The petitioners state that they are ready to give up their seniority and that there are posts vacant in the State of Bihar and as such they should be allocated to Bihar Cadre. The decision for allocation of cadre in accordance with the rules, regulations and policy decision of the State Government is basically to be decided by the Government concerned. In the case, the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna shall be the authority who can consider the contentions of the petitioners raised in their representations. The petitioners would be at liberty to bring notice of the order of the Court and their representations before the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna who should pass speaking order deciding the fates of the petitioners, so that they may join the allocated cadre in accordance with the decision taken by the Principal Secretary within the shortest possible time, preferably within a period of one month from the 4 date of receipt of a copy of this order which should be supplied to the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna within two weeks after its receipt by the petitioners. However, it is made clear that this court has not gone into the merits of the contentions raised by the petitioners. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)