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2001 DIGILAW 421 (JHR)

Surendra Nath Mandilwar v. State Of Jharkhand

2001-07-06

SUDHANSU JYOTI MUKHOPADHAYA

body2001
ORDER S.J. Mukhopadhya, J. 1. This matter relates to the promotion to the higher post of Additional District Magistrate, a post of Senior Selection Grade. 2. According to the petitioner, he is a member of Bihar Administrative Service and his name is appearing in the seniority list at Sl. No. 1475 and in the civil list at Sl. No. 1537/91. His grievance is that although juniors to the petitioner, having position at Sl. No. 1538/91 (Satish Kumar Tiwary), 1539/ 91 (Prakash Chandra Singh). 1540/91 (Muk-teshwar Prasad) and others, have been promoted to Senior Selection Grade post of Additional District Magistrate by the Government of Bihar, vide Memo No. 794 dated 30th January, 1999, the case of the petitioner was not considered for want of service records. It is stated that a writ petition, bearing CWJC No. 643 of 2000 was filed by the petitioner before the Patna High Court, but the case stood transferred before this Court and most probably the file has not reached in this Court. 3. Mr. A. Allam, learned counsel for the State of Bihar, submitted that the cadre of the Bihar Administrative Service has not yet been bifurcated, in terms of the provision of the Bihar Re-organisation Act, 2000, and the petitioner, being posted within the State of Jharkhand, is under the control of the State of Jharkhand. 4. Mr. Government Advocate, Jharkhand, submitted that the State of Jharkhand can not take any action till the records are forwarded by the State of Bihar to Jharkhand. 5. Having regard to the facts and circumstances, instead of keeping the case pending, the Court remits the matter to the respondents for early decision, at the first instance. The petitioner is given liberty to approach the Secretary. Personnel & Administrative Reforms Department, Government of Bihar, and may file a representation, showing details of his service career, including his position in the seniority list/civil list and the position of his juniors in the said civil/seniority list, who are stated to have been promoted on the higher posts. The Secretary. Department of Personnel and Administrative Reforms, Government of Bihar, in his turn, will take steps and decide the representation. The Secretary. Department of Personnel and Administrative Reforms, Government of Bihar, in his turn, will take steps and decide the representation. If it is found that the case of the petitioner was not considered for want of service record, whereas the case of his juniors were considered for promotion to higher posts, the respondents will consider the case of the petitioner for such promotion to higher grade from the date, the juniors have been so promoted. 6. If in view of the re-organisation of the State, the matter is to be dealt with by the State of Jharkhand, on such decision, the Secretary. Personnel & Administrative Reforms Department. Government of Bihar, will forward the records to the Secretary, Personnel & Administrative Reforms Department, Govt. of Jharkhand, for needful action. Decision in the matter be taken and final order be communicated to the petitioner at an early date but not later than a period of six months, from the date of receipt of the representation. 7. It may be mentioned that this Court has not decided the claim of the petitioner on merit. The petitioner should also take steps for withdrawal of the writ petition, as was preferred before the Patna High Court. The writ petition stands disposed of with the aforesaid observations and directions. 8. Petition disposed of.