IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8469 of 2009 1. SATYA PRAKASH, SON OF LATE RAM NAGINA VERMA, RESIDENT OF MOHALLA SINGHI KALAN, P.S. & TOWN ARA, DISTRICT BHOJPUR. 2. MUNNA PRASAD, SON OF ALTE RAMASHREY PRASAD, REDISENT OF MOHALLA WALIGANJ, P.S. & TOWN ARA, DISTRICT BHOJPUR. 3. ARVIND KUMAR SINGH, SON OF LATE SAHDEO PRASAD SINGH, RESIDENT OF VILLAGE NAUGAHI, P.S. PHULIDUMAR, DISTRICT BANKA---PETITIONERS. Versus 1. THE UNION OF INDIA THROUGH THE MINISTRY OF PUBLIC GRIEVANCE AND PENSION, DEPARTMENT OF PERSONNEL AND TRAINING, CENTRAL GOVERNMENT, KHAN MARKET, NEW DELHI. 2. THE STATE OF BIHAR. 3. PRINCIPAL SECRETARY, DEPARTMENT OF HOME(SPL.) BIHAR, PATNA. 4. DEPUTY SECRETARY, DEPARTMENT OF HOME(SPL.) BIHAR, PATNA. 5. AGRICULTURE PRODUCTION COMMISSIONER, BIHAR, PATNA. 6. DIRECTOR AGRICULTURE, BIHAR, PATNA. 7. DEPUTY DIRECTOR AGRICULTURE(SEED ANALYSIS), MITHAPUR FARM, BIHAR, PATNA. 8. ASSISTANT SEED TESTING OFFICER, MUSAHARI, MUZAFFARPUR. 9. THE STATE OF JHARKHAND THROUGH THE SECRETARY, DEPARTMENT OF AGRICULTURE, JHARKHAND, RANCHI. 10. DIRECTOR AGRICULTURE, JHARKHAND, RANCHI. 11. PRINCIPAL SECRETARY, DEPARTMENT OF HOME(SPL.), JHARKHAND, RANCHI. ------RESPONDENTS. For the petitioners : Mr. M.K. Thakur, Advocate. For the State : Mr. AAG-8, Advocate. For the Union of India : Mr. JC to Asst. S.G. For the Jharkhand State : JC to D. Mukharjee. ----------- 02. 23.07.2009 Heard learned counsel for the petitioners and the State. 2. Petitioners are aggrieved by the order bearing Memo No. 4613 dated 30.6.2009, Anneuxure-1 whereunder the Deputy Secretary, Home(Spl.) Department has forwarded the order of the Government of India to the Principal Secretary, Agriculture Department allocating the petitioners to the State of Jharkhand. 3. It is submitted on behalf of the petitioners that close perusal of the impugned order dated 30.6.2009, Annexure-1 would indicate that the petitioners have been allocated to the cadre of the - 2 - State of Jharkhand indicating that petitioner nos.1 and 2 are holding the post of Seed-Technician in the scale of Rs.4000-6000/- and petitioner no.3 is holding the post of Lab Assistant in the pay scale of Rs. 3200-4900/- but such is not the true indication of their service status as presently petitioner nos. 1 and 2 are holding the post of Lab Assistant in the scale of Rs. 3200-4900/- and petitioner no.3 is holding the post of Lab Attendant in the lower scale. It is further submitted that in view of the incorrect service status having been indicated in the cadre allocation order joining of petitioners in the State of Jharkhand may not be accepted as their last pay certificate indicates different position, which has been noted above but such position is not reflected in the order allocating the cadre. Highlighting the aforesaid fact petitioners have represented vide representations contained in Annexures-8, 9 and 10 and has been addressed to the Director, Agriculture, Bihar, copy whereof has also been given to the concerned ministry of the Government of India and the other senior officers of the State of Bihar and Jharkhand. 4. Having heard counsel for the parties, I direct the Director, Agriculture, Bihar to consider the representations contained in Annexures-8, 9 and 10 and forward the same to the Secretary, Department of Home(Spl.) Bihar, Patna and the Secretary Department of Home(Spl.) Bihar, Patna shall forward the same to the concerned Ministry of the Government of India for appropriate orders. Such cadre allocation is already delayed by about nine years, in the circumstances, it is deem expedient to direct the authorities to ensure - 3 - final order in the matter as early as possible, in any case within one month from the date of receipt/production of a copy of this order before the Director, Agriculture, Bihar, Patna.. The other authorities shall ensure compliance within one month from the date of receipt of the recommendation from the Directorate along with a copy of this order. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)