- (1.) HEARD learned counsel for the appellant, Mr. Jerath and Senior Central Government Standing Counsel, Mr. P.K. Prasad on behalf of respondent No. 4.
(2.) THIS writ petition relates to the cadre division in the Bihar Finance Service. After the Bihar Re - organisation Act, 2000 came into force, the cadre division was completed as regards this service on 13.8.2003. The writ petitioner, a Deputy Commissioner of Commercial Taxes, was working in Dumka and was tentatively allocated to the State of Jharkhand. According to the petitioner, he was shifted to Dumka towards the last phase of his service by the Central Government Notification dated 6.11.2000. According to him, he has been allotted to the reorganized State -Bihar and this was unjust and arbitrary, especially since he is going to retire on 31.7.2004. The petitioner, therefore, approached this Court with the writ petition challenging his allocation to the State of Bihar in the Cadre division. We may notice here that regarding the cadre division in the State Administrative Service and the police service, this Court had refused to interfere with the cadre division but made an equitable direction that those officers who are working in Jharkhand and whose allotment to the Bihar Cadre had been stayed by the learned Single Judge while admitting the writ petitions were to be allowed to retire within the State of Jharkhand and to that extent, the order effecting cadre division stands modified. In other words, this Court directed that those who are to retire by 31.5.2004 and who are enjoying the benefit of the interim order should be allowed to continue and retire in the State of Jharkhand.
(3.) IN the light of that direction, it was argued on behalf of the appellant before the learned Single Judge that since the cadre division was finalized on 13.8.2003 and the appellant was to retire on 31.7.2004 within one year of the cadre division being finalised, the appellant should also be permitted to retire in the State of Jharkhand and to that extent the cadre division should be interfered with.;