IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16075 of 2009 1. MADHSUDAN MISHRA S/O LATE CHANDRAMA MISHRA R/O VILL.+P.O.- SONAWAL, P.S.- PAHARPUR, DISTT.- EAST CHAMPARAN (MOTIHARI) Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION, PATNA 4. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, TIRHUT DIVISION, MUZAFFARPUR 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, EAST CHAMPARAN, (MOTIHARI) 6. THE PRINCIPAL SECRETARY, HOME DEPTT., GOVT. OF BIHAR, PATNA 7. THE STATE OF JHARKHAND 8. THE PRINCIPAL SECRETARY, HUMAN RESOURCE DEVELOPMENT DEPTT., GOVT. OF JHARKHAND, RANCHI 9. THE DIRECTOR, PRIMARY EDUCATION, GOVT. OF JHARKHAND, RANCHI ----------- 2. 14.12.2009 Learned counsel is permitted to implead the State Advisory Committee as Respondent no. 10. Heard learned counsel for the petitioner, for the State of Bihar and for the State of Jharkhand. The petitioner, a lecturer in the Primary Teachers Training College, Kumarbagh at Bettiah is aggrieved by the order dated 12.10.2009 relieving him for joining in the State of Jharkhand. This was pursuant to the exercise of reallocation of cadres consequent to the re-organization of the State of Bihar. The writ petition does not lay out any challenge on merits to the cadre allocation of the petitioner in violation of any conditions and stipulations governing the same. The only ground urged is impending superannuation on 30.4.2010 and his alleged medical incapacity. In absence of impleadment of the State Advisory Committee in the original pleadings and laying of any challenge to the cadre allocation on merits, this Court finds it difficult to 2 interfere with the impugned order dated 12.10.2009. The writ application is, therefore, disposed with liberty to the petitioner to represent before the State Advisory Committee, which is then expected to take an appropriate decision expeditiously in accordance with law. The State Advisory Committee is expected to keep in mind the humane aspect of the matter and the administrative problem that shall arise, if the petitioner is compelled to join in the State of Jharkhand virtually at the stage of superannuation. This Court further observes that it is expected in the peculiar nature of the case that no coercive action shall be taken against the petitioner in context of the order dated 12.10.2009. The application stands disposed. AKS/ (Navin Sinha, J.)