- (1.) THIS writ petition has been preferred by the petitioner to direct the respondents to accept his joining and to quash the option, alleged to have been given by the petitioner on 12th February, 2001.
(2.) LEARNED counsel for the petitioner submitted that in pursuance of the earlier order of this Court dated 19th October, 2001, the Assistant Superintendent, Government Press. Doranda, has accepted the joining of the petitioner. Thus, the substantive prayer, so made, has become infructuous. Mr. Pradip Modi, learned Government Pleader No. 1 opposed the prayer of the petitioner for his joining in the Department. According to him, the petitioner was an employee in the Stationery Stores. After re -organisation of State and since 15th November, 2000 there being no Stationery Stores in the State of Jharkhand, the State of Jharkhand sent back his services to the State of Bihar, as per proviso to Section 74 of the Bihar Reorganisation Act, 2000. although he accepted that as per the substantive provision of Section 74, the petitioner, being posted within the territory of Jharkhand State, since 15th November, 2000, he became an employee of the State of Jharkhand and the State of Jharkhand/its authorities have become the appointing authority of the petitioner. The submission, made on behalf of the learned Govt. Pleader No. 1 is misconceived, as there is no power to the State of Jharkhand to transfer or post a person against a post in the successor State of Bihar. The power to place services of one or other employee of the then existing State of Bihar is vested with the Central Government under Section 72 of the Bihar Re -organisation Act, 2000, till the final allocation is made to one or other successor State, in terms with Section 74 of the Re -organisation Act. the employees posted within the State of Jharkhand has a right to hold the post and discharge duties of the post and office in connection with the affairs of the State of Jharkhand. Under the proviso to Section 74, though it is open to the competent authority, on and from the appointed day (15th November, 2000) to pass any order, relating to petitioner affecting his continuance on such post or office where he was posted as on 15th November, 2000 but that does not clothe the State of Jharkhand or its competent authorities to transfer or post the petitioner in another State i.e. State of Bihar.
(3.) IT is not in dispute that the petitioner is working in the area (Ranchi) since 1998 and such area (Ranchi) now falls within the territory of State of Jharkhand. Till general or special order is issued by the Central Govern -ment, finally allocating one or other State, for all purposes the petitioner has a right to continue in the State of Jharkhand, though it is open to the competent authorities of the State of Jharkhand to post the petitioner against other post, commensurate with his status/ qualification, as per proviso to Section 74 of the Re -organisation Act. but not in the State of Bihar.;