AMIRUDDIN ANSARI Vs. STATE

JUDGEMENT

(1.) IN all these four writ petitions, the grievance of the respective petitioners, who are working as Junior Engineer in the Public Health Engineering Department of the erstwhile State of Bihar, is against the allocation of their services to the newly created State of Jharkhand by the Advisory Committee under the Bihar Re -organisation Act, 2000.

(2.) A supplementary affidavit has been filed on behalf of the petitioners to which the decision of the Government of India in the Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training dated 15th September, 2004 has bee brought on record as Annexure 11 to C.W.J.C. No. 11575 of 2004. In paragraph 2 of the said letter, which is addressed to the Chief Secretary, Government of Bihar, a provision for mutual transfer has been mentioned and it has been left open to the successor State Governments to consider the requests of mutual transfer based on broad consensus arrived between the State Governments, inter alia, either defining the terms and conditions for such consideration or by framing suitable rules for this purpose. Pursuant to the said decision of the Government of India, the State of Bihar, vide Annexure 13 to C.W.J.C. No. 11575 of 2004, has laid down the guidelines for mutual transfer.

(3.) IN the facts and circumstances, Dr. Ravi Ranjan, learned counsel appearing for the Advisory Committee has submitted that the allocation was made long back on 14.9.2004 and the petitioners were to join the respective Departments of the respective States within certain time, failing which they are deemed to be relieved.