- (1.) It is submitted by Mr. Siddhartha Ranjan, learned counsel for the petitioners, that as the matter of petitioners for their mutual exchange of service from Bihar to Jharkhand was pending, their names were not included in the seniority list published on 11.10.2007.
(2.) After the final order was passed allocating Jharkhand cadre to the petitioners, they applied for restoration of their position in the seniority list, but no order was passed thereon. In the meantime, junior to the petitioners have been promoted by letter dated 1.7.2009. He further submitted that some of the persons, who have retired, have been given notional promotion. He also submitted that if petitioners' seniority is restored, no other person will be disturbed as posts are vacant. He further submitted that now even the letter no. 4450 dated 19.7.2008, issued by the Department of Personnel, Administrative Reforms and Rajbhasha, has been withdrawn by letter dated 29th August, 2009 of the said Department.
(3.) Counsel for the State, on the other hand, 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. In the circumstances, petitioners are given liberty to make a representation before the Secretary, Human Resource Development Department, Jharkhand, Ranchi (Respondent no. 1) through the Director, Primary Education, Human Resource Development Department, Jharkhand, Ranchi (Respondent no. 2) within two weeks. If petitioners' claim is found legally tenable, necessary orders should be passed in that regard. If petitioners' claim/part of it is not found legally tenable, reasons thereof should be communicated to them. This exercise should be completed within six weeks from the date of receipt of such representation. It is made clear that this Court has not gone into the merits of the claims of the petitioners. With these observations and directions, this writ petition is disposed of.;