NARENDRA NATH TIWARI, J. - (1.) IN this writ petition, the petitioners have prayed for quashing the order, as contained in Memo No. 4236 dated 10th December, 2001 (Annexure -8), whereby the circular issued by Letter No. 909 dated 28th August, 1996 giving benefits of Time Bound Promotion, pension, gratuity etc. from the date of their earlier appointment has been cancelled with retrospective effect, making the same effective from the date of their absorption in the Government Service.
(2.) IT has been stated that the petitioners, who are working as Revenue Karamchari at Dhanbad, were earlier appointed as Chowkidar/Tahsildar. Subsequently, the petitioners were absorbed in a regular post of Revenue Karamchari. The Department of Revenue and Land Reforms, Government of Bihar, as then was, issued a circular by Letter No. 1835 dated 4th September, 1986, communicating the decision of the Government that the Chowkidar/Tahsildar absorbed on the post of Revenue Karamchari would be given the benefits of time bound promotion, pension, gratuity and other benefits from the date of their earlier appointment. It has been stated that the Department of Revenue and Land Reforms, Government of Jharkhand, has issued impugned letter dated 10th December, 2001, whereby the earlier circular dated 28th August, 1996 has been cancelled with retrospective effect and to the prejudice of the petitioner (s), decision has been taken to extend the benefits from the date of their absorption in a regular post of Revenue Karamchari. It has been submitted on behalf of the petitioners that the respondents have no authority to cancel the earlier letter of the Government with retrospective effect and, thereby, to nullify the valuable rights accrued to the petitioner. The respondents cannot vary the service condition to their disadvantage except with the approval of the Central Govt., as envisaged under Sec. 73 of the Bihar Reorganisation Act, 2000 . A counter affidavit has been filed on behalf of the respondents, staling, inter alia, that the earlier decision was taken by the Government of Bihar and that after bifurcation of the State, the Government of Jharkhand is at liberty to take its own decision. The Personnel & Administrative Reforms Department, Government of Jharkhand, has clarified that the services of the employees would be taken from the date of the adjustment in the government service and not from the earlier date. Accordingly, the impugned order has been issued.
(3.) IT has been stated that the services rendered by the petitioners earlier cannot be counted and the Government of Jharkhand cannot be compelled to stick to the policy decision taken by the erstwhile Government of Bihar.;