- (1.) THE present Writ petition has been preferred mainly for the reason that the Bihar State Housing Board has passed an order dated 18.05.2002 (Annexure 12 to the Memo of appeal) whereby the respondent no. 7, who is working in state of Jharkhand was promoted from the post of Junior Engineer to the post of Assistant Engineer without any power, jurisdiction and authority, specially after the bifurcation of the State of Jharkhand and the State of Bihar, as per notification by the Government of India dated 21st August, 2003 in pursuance of the Bihar State Re -organization Act, 2000 (Annexure 10 to the memo of petition), which has been referred while passing by the Honble Supreme Court in Civil Appeal 7242 of 2003 (arising out of S.L.P. (C ) no. 15442 of 2002 (Annexure 11 to the memo of petition) and, therefore, aggrieved by this, non est order, passed thoroughly without any jurisdiction and authority by the Bihar State Housing Board and giving promotion to Junior Engineer as Assistant Engineer the present petition. This petition has been filed under Section 226 of the Constitution of India.
(2.) HAVING heard learned counsels for both the sides and looking to the facts and circumstances of the case, it appears: - (a) that the Union of India has published an order dated 7th August, 2003 in exercise of power conferred upon it by Sub -section 1 of Section 65 of the Bihar Re -Organization Act, 2000. Order 1 (III) of the order reads as under: "iii. The Bihar State Housing Board that is functioning as an interstate corporate body will cease to exist from 21.8.2003 whereafter, it would start functioning as a separate Housing Board for Bihar only.  This notification is at annexure 10 to the present memo of petition. (b) This interstate corporate body Bihar State Housing Board ceases to exist form 21.08.2003 because of the Bihar State Re -Organization Act, 2000 and will work only for the State of Bihar. This notification was also considered by the Honble Supreme Court while deciding Civil Appeal No. 7242 of 2003 arising out S.L.P. (Civil) No. 15442 of 2002 dated th September, 2003. This order is annexed as Annexure -11 to the present memo of petition and it has been held that there is a bifurcation of both the States as per the aforesaid notification and allocation of employees has also taken place because of this notification. (c) Despite aforesaid Bihar State Re -Organization Act, 2000 (Annexure 10), the Bihar State Housing Board has passed the order dated 18th May, 2003 and has given promotion to Junior Engineers as Assistant Engineers who were working in the absolutely another independent state namely the State of Jharkhand. There is total non -application of mind by the Bihar State Housing Board, who is respondent no. 1, 2 and 3. The respondent no. 1, 2 and 3 have not properly considered the Bihar Re -Organization Act, 2000 and Junior Engineers working in the neighboring state have been promoted by the Bihar State Housing Board. Had some care would have taken, by the Secretary, Bihar State Housing Board, this petition could have been avoided by him. Bihar State Re -organization Act was passed in the year 2000, even after five years also respondent nos. 1, 2 and 3 are sitting tight as if they are authority for both the States. It appears that the concerned high officials of the Bihar State Housing Board are thoroughly negligent while giving promotion to the Junior Engineers as Assistant Engineers who were working in a neighboring independent and absolutely another State viz. the State of Jharkhand. As a cumulative effect of the aforesaid facts and reasons, I hereby allow this petition and quash the order dated 18.05.2005 to the extent to which it given promotion to the respondent no. 7 from the post of Junior Engineer to the post of Assistant Engineer by the Bihar State Housing Board and direct the Jharkhand State Housing Board to consider the case of the petitioner as well as to all similarly situated Engineers including respondent no. 7 for the post of Assistant Engineers and further.
(3.) LEARNED counsel appearing for respondent no. 7, or the person who is referred at serial no. 4 in the notification dated 18th May, 2005 issued by Bihar State Housing Board (Annexure 12), submitted that all the relevant aspect of the matter has been properly considered and, therefore, the order passed by the Bihar State Housing Board dated 18th May, 2003 is proper.;