Sushil Marandi vs Union Of India & Ors. on 4 January, 2010

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     W.P. (S) No. 800 of 2004

           Sushil Marandi                       ...   ...      ...          Petitioner
                               Versus
           Union of India through the Director,
           Personnel & Training Department, New Delhi & Ors. ...          Respondents

          CORAM:        HON'BLE MR. JUSTICE D.G.R. PATNAIK

          For the Petitioner                 : Mr. Manoj Tondon, Advocate
                                               Mr. Navin Kumar Singh, Advocate
          For the Respondents                : Mr. D.K. Dubey, S.C. (Mines)

04/04.01.2010

Heard Counsel for the parties.

The petitioner in this writ application has prayed for an order, quashing the

final cadre allocation made by the Marketing Officer, Food Civil Supply and

Commerce Department, so far it relates to the petitioner, whereby the petitioner

has been allocated to the State of Bihar in the cadre allocation.

Further prayer has been made to direct the respondent to allocate the

petitioner to the cadre of Jharkhand.

Admitted facts of the petitioner’s claim is that he belongs to the Scheduled

Tribe community and during his entire service tenure, he remained posted within

the areas now falling in the State of Jharkhand and at no point of time was he

posted in any area now falling in the State of Bihar. By the impugned notification,

the petitioner has been finally allocated to the Bihar Cadre where, he has joined

pursuant to the order of his transfer. Being aggrieved, the petitioner has filed this

writ application.

In the counter affidavit filed on behalf of the Respondent-State of Bihar, the

reasons stated for such allocation of cadre is that at the time of considering the

cadre allotment, the petitioner’s option was not received. It further appears from

the counter affidavits of the Respondent-State of Bihar and also of the

Respondent-State of Jharkhand, that neither states have reserved any objection

against the grant of petitioner’s prayer for allotment of his services to the cadre of

Jharkhand and in fact, necessary recommendations have also been made and

forwarded to the authorities concerned by the State of Bihar.

It is informed that the Central Government has also recently issued a

Circular under which the aggrieved employees may avail the opportunity of opting
for final cadre allotment and the respective State Governments would be at liberty

to reconsider the cases of such employees, who may wish to submit a fresh

option.

Considering the above facts and circumstances, this writ application is

disposed of with a direction to the concerned authorities of the Respondents,

particularly the Secretaries, Food and Civil Supplies in both the State

Governments, to consider the petitioner’s prayer and take an appropriate decision

in the light of the grounds advanced by him in support of his prayer and in the

light of the recommendation made in his favour and in the light of the recent

Circular of the Central Government and pass an appropriate order within two

months from the date of production/receipt of a copy of this order.

Let a copy of this order be given to the counsels for the Respondents,

State of Bihar and also the State of Jharkhand.

(D.G.R. Patnaik, J.)

Manish