R.K.MERATHIA, J. - (1.) IN this case, one of the questions arises as to who amongst the successor State of Bihar and State of Jharkhand is to accept the petitioner 's joining, the order of suspension having been set aside? Apart from this, the following question has been referred to the Division Bench : - "In the circumstances, the question arises whether the ratio laid down in ''Arvind Bijay Bilung ' ' 2001 (3) Jhar. C. R. 155 : (2002 AIR - Jhar HCR 13 : 2002 Lab IC 23), applies in the case of those who are on deputation in one or other department/organization or not. ''
(2.) THE facts in this case are not in dispute. The services of the petitioner was placed on deputation by posting order No. 1206/97, dated 12 - 6 -1997 in the Police District of Dhanbad by the State of Bihar prior to the re -organization of the State. The petitioner was discharging his duties as Sub -Inspector. Rail District. Crime Branch. Dhanbad when the Bihar Reorganization Act, 2000 (hereinafter referred to as the 'Reorganization Act ') came into force. The petitioner continued to receive his salary from the State of Bihar for several months even after 15th November, 2002 when the Reorganization Act came into force. The petitioner was suspended by order dated 26 -5 -2001 issued by Superintendent of Police (Crime), Crime and Investigation Department, Bihar, Patna w.e.f. 1 -2 -2001 and he was directed to report to the said department at Old Secretariat Patna. The petitioner challenged the said order of suspension and also prayed for arrears of salary since May, 2001 and also the current salary, by filing W.P. (S) No. 5799/ 2001. The said writ petition was allowed by order dated 12 -2 -2002 by learned single Judge mainly on the basis of judgment of this court in the case of Arvind Bijay Bilung reported in 2001 (3) Jhar CR 155 : (2002 AIR - Jhar HCR 13 : 2002 Lab IC 23) wherein it was held that under S. 74 of the Bihar Reorganization Act, 2000, a person who was holding or discharging duties of any post or office in connection with the existing State of Bihar prior to November 15th. 2000 he will continue to hold the same post or office, in that successor State under which the area falls and shall be deemed on and from November 15th, 2000 to have been duly appointed to the post or office by the Government or appropriate authority in that successor State under whom the posts and office falls.
(3.) AFTER the court's order, the petitioner reported to the authorities at Jharkhand, but his joining having not been accepted by State of Jharkhand, the present writ petition was preferred for acceptance of his joining in the State of Jharkhand.;