IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7294 of 2009 WAKIL SINGH, son of Late Jang Bahadur Singh, Resident of House of Sri Ram Narayan Singh, Mohanpur Punichak, P.S. Secretariat, District Patna Versus 1. THE STATE OF BIHAR through Principal Secretary cum Commissioner, Bihar, Patna, Old Secretariat, Patna 2. The Commissioner-cum- Secretary, Home (special) Department, Bihar, Patna 3. Deputy Secretary, Department of Home (Special), Government of Bihar, Patna 4. Deputy Secretary, Road Construction Department, Bihar, Patna 5. Union of India through Secretary, Department of Personnel and Training Department, Ministry of Personnel, Public Grievances and Pension, Lok Nayak Bhawan, 3rd Floor, Khan Market, New Delhi-110003 6. Deputy Secretary (SR), Department of Personnel and Training Department, Ministry of Personnel, Public Grievances and Pension, Lok Nayak Bhawan, 3rd Floor, Khan Market, New Delhi-110003 ----------- 02/ 01.07.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is an Executive Engineer serving in the Road Construction Department, Government of Bihar. He has applied for mutual exchange of cadre with one Binod Kumar, who is serving on the same post in the State of Jharkhand. The notification granting request of the petitioner for exchange of cadre as also relieving him to join the State of Jharkhand is dated 26.2.2009, Annexure-1 to this application. 3. It is submitted on behalf of the petitioner that the order repatriating Binod Kumar to the State of Bihar has since been stayed by the Jharkhand High Court vide order dated 16.4.2009, Annexure-5 and if the petitioner is relieved and he moves to the State of Jharkhand, his joining may not be accepted in the light of the stay order. 2 4. Having heard counsel for the parties and having appreciated the factual state of affairs that Binod Kumar with whom the exchange of cadre of petitioner was accepted by the State of Bihar having not materialized in the light of the orders of the Jharkhand High Court dated 16.4.2009, the State of Bihar should reconsider the notification dated 26.2.2009, Annexure-1 to this application, as early as possible, in any case within one month from the date of receipt/ production of a copy of this order. 5. This writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)