IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1182 of 2005 KEDAR JHA Versus THE UNION OF INDIA & ORS ----------- 4 18.8.2010 Heard learned counsel for the parties. Heard Petitioner was working as a Kamdar in the Agriculture Department under the Plant Protection Scheme of Government of Bihar. He was stated to be working under the Centre Incharge of Plant Protection Centre, Phulwarisharif at Patna. He filed this application for a direction upon the respondents of the State of Bihar to relieve him forthwith to enable him to join the State of Jharkhand as according to his information after the division of Bihar State under the Bihar Reorganization Act 2000, he was allotted to Jharkhand cadre. He has also prayed that failure of the respondent State authority of Bihar to relieve him will also entitle him to all the benefits which the employees of the State of Jharkhand are entitled to. After the exchange of pleading and the assertion made in the writ application this Court has failed to put its fingers on any piece of document which would show that the petitioner was allotted Jharkhand cadre by any authority much less the competent authority. What is the basis for making such an assertion in the writ application that the petitioner was allotted Jharkhand cadre after the Reorganization Act came into play is neither satisfactorily explained by the petitioner nor could he produce any evidence in support of such plea. - 2 - Obviously it is a writ which is more of fishing kind than based on any substantial evidence in support of the prayer and the pleading. The Court has been informed of two developments (1) that the petitioner superannuated from service on 31.1.2005 and (2) he is no more as he passed away on 21st December, 2008. In view of above stated position the prayer for allowing the petitioner to be relieved for Jharkhand can not be allowed or entertained as there is no evidence to show that the petitioner was allotted State of Jharkhand or was relieved from the State of Bihar. Let the respondent authority State of Bihar settle the retiral claim and other benefits as per law, in favour of the legal heirs of the petitioner in view of the facts stated above. No other direction would be required to be made in this writ application. This writ application is dismissed with the above direction. RPS (Ajay Kumar Tripathi, J.)