JUDGMENT M.Y. Eqbal, J. 1. In these wit petitions, petitioners have prayed for issuance of an appropriate writ, order or direction commanding upon the respondents, particularly respondent Nos. 2 to 4 to post them on the post of Deputy Superintendent of Police within the State of Jharkhand consequent upon their having been allocated Jharkhand Cadre vide order dated 10.3.2005 and to pay their salary since March, 2005. 2. The facts of the case lie in a narrow compass : Petitioners were initially appointed in the rank of Sub-Inspectors and subsequently they were promoted to the post of Deputy Superintendent of Police on various dates. Petitioners were posted against various posts and started discharging their duties since June, 2004. Consequent to Bihar Reorganization Act, 2000, they were allotted Jharkhand Cadre vide order dated 10.3.2005 and were directed to join at Ranchi. Petitioners duly submitted their joining at Ranchi in the State of Jharkhand which was accepted by the Director General of Police, Jharkhand, Ranchi and Home Secretary, Jharkhand, Ranchi. After joining, the petitioners were given duties vide order dated 7.4.2005 and were deputed on attachment in the office of the Superintendent of Police, East Singhbhum, Jamshedpur. Petitioners, case is that they have not been given regular posting inspite of several representations made by them. 3. By amendment petition dated 6.7.2005, petitioners have challenged the order dated 5.7.2005 whereby during the pendency of the writ petition petitioners who held the substantive post of Deputy Superintendent of Police have been reverted to the post of Inspector of Police 4. In the counter-affidavit filed by respondent No. 3, the Director General of Police, Jharkhand, it is stated that Ministry of Personnel, Public Grievances and Pension, Government of India vide Order No. 3/2005, dated 17.2.2005 has finally allocated the Police Inspectors between the two States of Jharkhand and Bihar respectively. The names of all the petitioners figured in the list of Inspectors allocated to the State of Jharkhand. However, the petitioners joined the Jharkhand State as Dy. Superintendent of Police, promotion to the rank of Dy. Superintendent of Police having been given by the State of Bihar. In that view of the matter, the question of posting them as Dy. Superintendent of Police was, referred to Home Department, Jharkhand, Ranchi vide Police Headquarter, Jharkhand letter No. 1355/P, dated 22.3.2005 and 587/G, dated 6.5.2005. Superintendent of Police, promotion to the rank of Dy. Superintendent of Police having been given by the State of Bihar. In that view of the matter, the question of posting them as Dy. Superintendent of Police was, referred to Home Department, Jharkhand, Ranchi vide Police Headquarter, Jharkhand letter No. 1355/P, dated 22.3.2005 and 587/G, dated 6.5.2005. It is stated that in pursuance of the instructions received for the Home Department, Jharkhand vide its latter dated 24.6.2005 all these petitioners alongwith some other officers have been posted in different districts of the State of Jharkhand in the rank of Inspectors. 5. I have heard Mr. Delip Jerath, learned counsel appearing for the petitioners and the learned Standing Counsel appearing for the State of Bihar and the State of Jharkhand. 6. It has not been disputed by the respondents in the counter affidavit that before the petitioners were allocated Jharkhand Cadre, they were duly considered for promotion in the Bihar Police Service and after following the due process and procedure and with the approval of Bihar Public Service Commission, they were promoted to the Bihar Police Service as Dy. Superintendent of Police on various dates. Subsequently, petitioners were posted at different places and started discharging their duties as Dy. Superintendent of Police since June, 2004. In March, 2005, petitioners were allocated Jharkhand Cadre vide letter dated 10.3.2005 issued by the Director General-cum-Inspector General of Police, Bihar. A copy of the order dated 10.3.2005 has been annexed as Annexure-3 to the writ application. In the said order, it has been clearly mentioned that before allocation of Jharkhand Cadre, Petitioners were promoted to the post of Dy. Superintendent of Police. The Last Pay Certificate was also issued by the State of Bihar for the post of Dy. Superintendent of Police. Respondent No. 3 the Director General of Police, Jharkhand in his counter affidavit has categorically stated that petitioners joined the Jharkhand State as Dy. Superintendent of Police since they were given promotion by the State with the approval of Bihar Public Service Commission. However, no reason has been given as to why inspite of the aforesaid facts petitioners were posted in different districts against the rank of Inspectors. In the order as contained in letter dated 24.6.2005 issued under the signature of Dy. Superintendent of Police since they were given promotion by the State with the approval of Bihar Public Service Commission. However, no reason has been given as to why inspite of the aforesaid facts petitioners were posted in different districts against the rank of Inspectors. In the order as contained in letter dated 24.6.2005 issued under the signature of Dy. Secretary, Home Department, it is mentioned that for the present promotion given to the officers in the police department by the Bihar Public Service Commission shall not be accepted. 7. At this stage, I would like to refer some of the relevant provisions of the Bihar Reorganization Act, 2000. Section 72 very categorically provides that every person who immediately before the appointed day is serving in connection with the affairs of the existing State of Bihar shall, on and from that day provisionally continue to serve in connection with the affairs of the State of Bihar unless he is required, by general or special order of the Central Government to serve provisionally in connection with the affairs of the State of Jharkhand. It has been made clear under Section 73 of the Act that the conditions of service applicable immediately before the appointed day in the case of any person deemed to have been allocated to the State of Bihar or to the State Jharkhand shall not be varied to his disadvantage except with the previous approval of the Central Government. 8. In the instant case, as noticed above, before the petitioners were allocated Jharkhand Cadre they were given regular promotion to the post of Dy. Superintendent of Police with the approval of Bihar Public Service Commission. After allocation of Jharkhand Cadre, they submitted their joining as Dy. Superintendent of Police. In may opinion, therefore, the impugned order issued by the State of Jharkhand treating the petitioners as Inspectors of Police and not accepting their promotion as Dy. Superintendent of Police is in the teeth of the provisions of Sections 72 and 73 of the Bihar Reorganization Act, 2000. Such order cannot be sustained in law. 9. For the aforesaid reason, these writ applications are allowed and the impugned order passed by the State of Jharkhand posting the petitioners as Inspector of Police is quashed. It is declared that petitioners shall be allowed to discharge their duties as Dy. Such order cannot be sustained in law. 9. For the aforesaid reason, these writ applications are allowed and the impugned order passed by the State of Jharkhand posting the petitioners as Inspector of Police is quashed. It is declared that petitioners shall be allowed to discharge their duties as Dy. Superintendent of Police and they shall be entitled to salary of the said post since the date when they joined in the State of Jharkhand.