JUDGMENT : PRAMATH PATNAIK, J. In the accompanied writ application, the petitioner has inter alia prayed for direction upon the respondents to allocate the services of the petitioner to the Successor State of Jharkhand and to include his name in the Final Gradation List of the Officers of the Jharkhand Agriculture Service, Category-II (Agriculture Engineering). 2. The brief facts, as has been delineated in the writ petition, is that initially on the recommendation of Bihar Public Service Commission, the petitioner was appointed on the post of Assistant Engineer, Soil Conservations in the Department of Agriculture under erstwhile State of Bihar vide notification dated 18.11.1987 and was posted in the office of Deputy Director, Soil Conservation, Ranchi. Thereafter, it is stated that he was transferred and posted in the districts of Simdega, Gumla and at the time of filing of writ application, he was working in the district of Latehar. It has further been averred that after bifurcation of the State of Bihar, the petitioner submitted representation vide Annexure-2 to the writ petition, for allocation of services to the State of Jharkhand, but, to the reason best known to the respondents, the services of the petitioner has not been allocated to the State of Jharkhand, as a result of which the name of the petitioner has not been included in the Officers of the State Agriculture Service Category-II (Agriculture Engineering) although the name of the petitioner was included in the Tentative Gradation List vide Annexure-5 to the writ petition. Since there was certain discrepancies in the draft of the Tentative Gradation List in the Officers of the Jharkhand Agriculture Service Category-II (Agriculture Engineering) the petitioner submitted objection in writing before the appropriate authorities for necessary correction, but, it appears that the Government of Jharkhand, Department of Agriculture & Sugarcane Development, without considering the objection raised by the petitioner, has published the Final Gradation List of Class-II (Engineering Service) where name of petitioner does not find place. The petitioner has also represented before the Government of Jharkhand against non-inclusion in the Final Gradation List of the Jharkhand Agriculture Service Category-II (Agriculture Engineering) requesting them to publish amended Gradation List by incorporating the name of the petitioner at appropriate place vide Annexure-7 to the writ petition. The petitioner has also represented before the Government of Jharkhand against non-inclusion in the Final Gradation List of the Jharkhand Agriculture Service Category-II (Agriculture Engineering) requesting them to publish amended Gradation List by incorporating the name of the petitioner at appropriate place vide Annexure-7 to the writ petition. Being aggrieved by inaction on the part of the respondents, the petitioner left with no other alternative, efficacious and speedy remedy has knocked the door of this Court under Article 226 of the Constitution of India for redressal of his grievances. 3. Mr. Naresh Prasad Singh, learned counsel for the petitioner has submitted with vehemence that petitioner throughout in his entire service period has served in the territorial jurisdiction of State of Jharkhand and even the 1st Assured Career Progression Scheme vide Annexure-4 to the writ petition was granted in the year 2006 with effect from 1999 and the 2nd Modified Assured Career Progression (M.A.C.P.) Scheme vide order dated 31.08.2013 with effect from 01.09.2008 has been granted to the petitioner by the State of Jharkhand, therefore, the case of the petitioner ought to be considered in view of Section 74 of the Bihar Reorganization Act, 2000. 4. A counter-affidavit has been filed by respondent nos. 1 to 3 on 24th August, 2016 wherein it has been submitted that the name of the petitioner has neither been included in the provisional seniority list of the State Government of Jharkhand published in the department vide letter dated 25.08.2013 nor in the final seniority list of the State Government of Jharkhand and further the name of the petitioner has not been included in the seniority list of the Agriculture Service Category-II (Engineering) of the Bihar Government, Agriculture Department Published dated 16.06.2009. It has further been submitted that though the name of the petitioner has been kept in the undecided category but the benefit under 1st upgraded scale with effect from 09.12.1999 under Assured Career Progression (A.C.P.) scheme and 2nd upgraded scale under Modified Assured Career Progression (M.A.C.P.) scheme vide notification dated 31.08.2013 of the Agriculture and Sugarcane Development Department, Government of Jharkhand has been granted to the petitioner. It has further been submitted that so far allocation of the petitioner's services is concerned, the State of Jharkhand had made a request to the State of Bihar, Agriculture Department in this regard. It has further been submitted that so far allocation of the petitioner's services is concerned, the State of Jharkhand had made a request to the State of Bihar, Agriculture Department in this regard. By way of filing supplementary counter-affidavit dated 18.08.2017, in compliance of order dated 14.06.2017 passed by this Court, it has been submitted that a direction may be given to State Advisory Committee and Production Commissioner-cum-Secretary Agriculture to decide the final gradation and category of the petitioner. 5. Counter-affidavit has been filed by respondent nos. 4 and 5 (State of Bihar) wherein it has been submitted that since the petitioner after bifurcation of the erstwhile State of Bihar into the Successor State of Jharkhand i.e. on 15.11.2000, the petitioner has been posted in the territorial jurisdiction of the State of Jharkhand and further when the Government invited option from the officers of the Agriculture Department for cadre division, the petitioner had opted for his services being allocated to the successor State of Jharkhand followed by his representations dated 09.01.2003, 10.01.2003, 15.01.2003, 03.07.2003 and 21.07.2003; the respondents-State of Bihar has nothing to do in the matter. A supplementary counter affidavit has been filed on behalf of the respondent nos. 4 and 5 wherein reference has been made to letter bearing memo no. 6764 dated 30.07.2013 (Annexure-A) issued by the Home (Spl.) Department, Bihar, Patna, wherein at Clause 6, it is decided that after 31.12.2013, the process of inter-State transfer shall be closed. 6. After going through the pleadings available on record, the moot question that falls for determination, is as to whether the petitioner can be allocated to the cadre of the State of Jharkhand, in view of the fact that throughout his service career, petitioner has rendered the services in the State of Jharkhand and even after creation of the State of Jharkhand i.e. 15.11.2000 coupled with the fact that the 1st Assured Career Progression (A.C.P.) and 2nd Modified Assured Career Progression (M.A.C.P.) have been granted by the respondent-State of Jharkhand and further the petitioner has also exercised option for allocation of State of Jharkhand ? 7. Before adverting to the question for determination, it would be appropriate and apposite to refer Section 74 of the Bihar Reorganization Act, 2000 which is quoted herein below:— Section 74. 7. Before adverting to the question for determination, it would be appropriate and apposite to refer Section 74 of the Bihar Reorganization Act, 2000 which is quoted herein below:— Section 74. Provisions as to continuance of officers in same post.-Every person who, immediately before the appointed day is holding or discharging the duties of any post or office in connection with the affairs of the existing State of Bihar in any area which on that day falls within any of the successor States shall continue to hold the same post or office in that successor State, and shall be deemed, on and from that day, to have been duly appointed to the post or office by the Government of, or any other appropriate authority in, that successor State: Provided that nothing in this section shall be deemed to prevent a competent authority on and from the appointed day, from passing in relation to such person any order affecting the continuance in such post or office. 8. From the conjoint reading of the provision of the Bihar Reorganization Act, 2000 coupled with the fact that the petitioner has been continuing in the geographical area of the successor erstwhile State of Bihar i.e. State of Jharkhand from the date of initial appointment, the petitioner has been continuing under the territorial jurisdiction of State of Jharkhand, it would be travesty of justice to leave the petitioner in lurch under the cloud of uncertainty pertaining to cadre allocation in view of imminent date of retirement i.e. 30.11.2017. Furthermore, a categorical affidavit has been filed by the State of Bihar stating therein the process of inter State transfer has been closed since 31.12.2013 as evident from Annexure-A to the said affidavit. 9. Furthermore, a categorical affidavit has been filed by the State of Bihar stating therein the process of inter State transfer has been closed since 31.12.2013 as evident from Annexure-A to the said affidavit. 9. It is an admitted fact that the petitioner throughout in his entire service period has served in the territorial jurisdiction of State of Jharkhand and submitted repeated representations for Cadre allocation, on which, for one reason or another, decision could not be taken up and further the State of Jharkhand has even extended the benefits of 1st Assured Career Progression Scheme and also the benefit of the 2nd Modified Assured Career Progression (M.A.C.P.) after bifurcation of the State, therefore, it is a fit case where the petitioner is supposed to be a deemed employee of State of Jharkhand entitling him to get all the benefits which a regular employee of State of Jharkhand is entitled to. 10. In cumulative effect of the aforesaid facts and reasons, the question framed by this Court is answered in affirmative and accordingly, it is declared that the petitioner is a deemed employee of State of Jharkhand and respondent-State of Jharkhand is directed to include the name of the petitioner at appropriate place in the Final Gradation list of Officers of Jharkhand Agriculture Service, Category-II (Agriculture Engineering). Since, it is stated at Bar the petitioner is going to superannuate on 30.11.2017, it is further directed to extend all the retiral benefit treating him to be an employee of the State of Jharkhand. 11. With the aforesaid observations and direction, the writ petition stands allowed.