M.AKBAR ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is aggrieved by and seeks to challenge the allocation of his service to the State of Jharkhand. He is given to Jharkhand by a decision of the Central Government following the recommendation of the State Level Advisory Committee. In pursuance of the decision of the Central Govt, the petitioner, alongwith a number of other employees, was finally relieved from the service of the State of Bihar by an office order issued by the Dy. Secretary, Department of Health & Family Welfare under his memo no. 122, dated 28.6.2006 (Annexure 5).

(2.) THE petitioner was appointed as Refrigerator Mechanic by an order of the Civil Surgeon -cum - Chief Medical Officer, Katihar under memo no. 1437, dated 17.6.1987. By a Tele -printer message, dated 10.10.1991 from the Dy. Director, Health Services (Family Welfare), the petitioner was directed to join in the office of the State Immunization Officer, Patna and he was accordingly relieved from Katihar on 24.10.1991 by the order of the Civil Surgeon. On coming to Patna he was directed to work at the Public Hearth Institute and was given the charge of maintenance of the deep freezer and the Refrigerator there by order of the Director, Health Services, dated 15.1.1993. Since then he was working in the Public Health Institute, Patna when on the division of the State his service was allocated to the newly created State of Jharkhand as noted above.

(3.) ACCORDING to the State Level Advisory Committee out of the three posts one was allocated to the State of Jharkhand and as the petitioner was junior and he had not given any option, his service was allocated to the newly created State.