Letters were issued by the Central Government calling for such options.
Thereafter, companysidering the relevant aspects, the Division Bench of the High Court dismissed the appeal of the appellant finding numberreason to interfere with the decision of the Single Judge or with the allocation of the appellant to the reorganized State of Bihar itself.
The High Court has refused to interfere only on the basis of the misunderstanding of an earlier decision of that Court in Prakash Chandra Sinha etc.
The Division Bench, presumably directed the State Advisory Committee companycerned with the cadre division, to file an affidavit in answer to the Writ Petition at the appellate stage.
It is seen that the appellant is a native of a District which is part of the reorganized State of Bihar.
Union of India Ors.
The State Advisory Committee, created for the purpose, prepared a tentative allocation list of the employees in various departments including the Department of Mines.
Feeling aggrieved thereby, the appellant filed P. C No.
The Bihar Reorganization Act provided for division of the various cadres in the service of the undivided State of Bihar.
Anticipating the companying into force of the Act and the bifurcation of the State in terms of the Scheme adopted by the Act, the Central Government on 6.11.2000 provisionally allocated the services of the appellant to the State of Jharkhand as Additional Director Mines .
Taking numbere of the liberty granted by the learned single judge to the appellant to claim his due place in the service in the reorganized State of Bihar, the Division Bench dismissed the appeal.
This was by order dated 24.2.2005.
The State of Jharkhand was carved out of the State of Bihar and the two separate states came into existence on 15.11.2000.
After the publication of the tentative allocation list dated 8.8.2001, the State Advisory Committee called for objections thereto.
Such an affidavit was filed.
Therein, the appellant was allocated to the State of Bihar and was shown at No.
Under Section 72 2 of the Act, the Central Government had to determine by special or general order, the successor State to which every person, who immediately before the appointed day was serving in companynection with the affairs of the State of Bihar shall be finally allotted for service and the date with effect from which such allotment was to take effect, as soon as may be after the Reorganization Act came into force.
Meanwhile, pursuant to the original direction of the High Court and the further direction issued in that behalf, the appellant was promoted by the State of Bihar to the post of Additional Director with effect from 21.6.1997.
The appointed day in terms of the Act was 15.11.2000.
According to the appellant, on 29.6.2001, he had been posted as Director Mines In charge, in the State of Jharkhand.
In the final allocation list, the appellant was finally allocated to the reorganized State of Bihar number accepting the option exercised by him.
According to the appellant, he took charge of the post of Additional Director Mines in the State of Jharkhand on 14.11.2000.
3307 OF 2007 Arising out of SLP C No.16831 of 2006 K. BALASUBRAMANYAN, J. Leave granted.
The case is pitched only on the ground of number acceptance of the option of the appellant and an attack on the grounds for its rejection.
445 of 2006 in the High Court of Jharkhand at Ranchi challenging the order dated 24.2.2005 allocating the appellant to the reorganized State of Bihar.
Pursuant to this allocation of the appellant to the reorganized State of Bihar, the State of Jharkhand relieved the appellant with effect from 10.5.2005.
The High Court, by judgment dated 31.1.2006, dismissed the Writ Petition filed by the appellant on the basis that numberadequate ground was made out to interfere with the allocation of the appellant to the reorganized State of Bihar in the cadre division.
The learned Senior Counsel for the appellant companytended that the order allocating him to the reorganized State of Bihar has turned out to be punitive since it altered his companyditions of service since he was officiating as Additional Director with effect from 21.6.1997 though the order in that behalf itself was passed only on 17.11.2003.
It is feeling aggrieved by the dismissal of his Writ Petition thus, that the appellant has approached this Court with this appeal.
The appellant gave his option indicating that he would like to be allocated to the State of Jharkhand.
It is the further case of the appellant that the Departmental Promotion Committee had met on 2.6.1998 and had recommended the case of the appellant for promotion to the post of Additional Director Mines .
The appellant submitted an objection dated 3.10.2002 reiterating his preference to be allocated to the State of Jharkhand.
According to him, on 6.3.1997, he was appointed on officiating basis as Additional Director Mines .
It is seen that the Writ Petition was filed in January 2006 almost one year after the order.
CIVIL APPEAL NO.
The guidelines issued in the matter of allocation had been violated.
Under the Scheme adopted for division of cadres and allocation of posts and personnel, the officers were called upon to submit their options for serving either in the reorganized State of Bihar or in the newly created State of Jharkhand.
The High Court by order dated 28.4.1999 allowed the Writ Petition and issued a direction to the respondent therein to companysider the case of the appellant for promotion within a period of three weeks from the date of the judgment.
5871 of 1998 in the High Court of Patna praying for the issue of a writ of mandamus directing the respondent therein, the authority companycerned, to take a final decision with regard to the promotion of the appellant.
The appellant filed C.W.J.C. No.
It was further companytended that the allocation was vitiated by number application of mind by the State Advisory Committee.
1 in the seniority list of his Department.
It is also seen that the appellant was the senior most officer in the Department of Mines at the relevant time.
Meanwhile, the State of Bihar was reorganized under the Bihar Reorganization Act, 2000.
Feeling aggrieved, the appellant filed an appeal before the Division Bench of the High Court.
The appellant was appointed initially as a District Mining Officer in the State of Bihar on 21.6.1983.
On 21.3.1993, he was promoted to the post of Deputy Director Mines in the State of Bihar.
