- (1.) It is submitted by Mr. Siddhartha Ranjan, learned counsel for the petitioners, that petitioners were allocated Bihar cadre but on mutual exchange of services, they were posted in Jharkhand but on the basis of the letter dated 19.7.2008 issued by the Department of Personnel, Administrative Reforms and Rajbhasha, petitioners were placed in the bottom of the gradation/seniority list. The said letter was considered in the writ petition-W.P.(S) No. 3844 of 2008-Rajendra Pratap Singh Vs. The State of Jharkhand & another, in which it was observed as follows:- "9 In the facts of the present case, the above principle will not strictly apply in view of the fact that the petitioner's case is not one of transfer from one cadre to another. Rather, it is a case of allotment of his services to the successor State of Jharkhand by the acts of the Central Government, on the basis of a scheme for mutual exchange of services. It further appears that there was no condition stipulated for the exchange of services on mutual transfer to the effect that the petitioner would lose his original seniority. Even otherwise, the provisions of Section 73 of the Bihar Reorganization Act does not permit any change in the service conditions to the disadvantage of the Government Servant whose service have been allotted to any one of the successor States."
(2.) Thereafter, keeping in view of the said judgment, the said Department by Memo No. 5626 dated 29th August, 2009 has said that the said letter dated 19.7.2008 will not apply in the case of mutual transfer on exchange between two States and accordingly the said letter was withdrawn.
(3.) He lastly submitted that in the meantime, by Notification No. 458 dated 24.2.2009, junior to the petitioners have been promoted ( Annexure-10). Counsel for the State submitted that in absence of instruction and counter affidavit, he is not in a position to say anything. However, the matter will be looked into.;