The duty of Parliament to ensure no individual is disadvantaged due to state reorganization, and the protection of service conditions and benefits under the Bihar Reorganization Act, 2000.

JUDGMENT

Uday Umesh Lalit, J.

Leave granted.

2. This appeal challenges the judgment and final order dated 12.05.2021 passed by the Division Bench of High Court¹ [High Court of Jharkhand at Ranchi.] in LPA No. 609 of 2017.

3. In the Graduate Level (Special) Competitive Examination held in the year 1994 for filling up the posts of Cooperative Development Officers, the then Bihar Public Service Commission vide letter dated 24.07.1995 recommended the name of the appellant, who was at serial No. 98 in the merit list, under Scheduled Tribe ('ST, for short) category. The claim that the appellant belonged to ST category (Gond) was supported by a Certificate issued to that effect on 03.06.1995 by the Scrutiny Officer, Sonpur (Saran) which place now falls in the newly carved State of Bihar after reorganization of States. Later, appointment letter dated 10.11.1995 was issued to the selected candidates including the appellant. The appropriate entry in the service book shows the name and category of the appellant as belonging to ST (Gond).

4. The then State of Bihar was bifurcated as a result of Bihar Reorganization Act, 2000 [Act 30 of 2000] ('the Act', for short), which came into force on 15.11.2000. The erstwhile State of Bihar was bifurcated in successor States viz. State of Bihar comprising of 38 districts and newly formed State of Jharkhand comprising of 18 districts. Sections 73 and 74 of the Act are as under:-

"73. Other provisions relating to services.-(1) Nothing in section 72 shall be deemed to affect on or after the appointed day the operation of the provisions of Chapter I of Part XIV of the Constitution in relation to determination of the conditions of service of persons serving in connection with the affairs of the Union or any State: Provided 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 of Jharkhand under section 72 shall not be varied to his disadvantage except with the previous approval of the Central Government. (2) All services prior to the appointed day rendered by a person- (a) if he is deemed to have been allocated to any State under section 72, shall be deemed to have been rendered in connection with the affairs of that State; (b) if he is deemed to have been allocated to the Union in connection with the administration of the Jharkhand shall be deemed to have been rendered in connection with the affairs of the Union, for the purposes of the rules regulating his conditions of service. (3) The provisions of section 72, shall not apply in relation to members of any All-India Service.

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."

5. After reorganization of the States, the appellant's service was allocated to the successor State of Jharkhand and since then the appellant has been in the service of State of Jharkhand.

6. On 14.08.2008, a letter was issued by the Principal Secretary, Government of Jharkhand to all the Secretaries of departments regarding reservation in promotion in various categories of services under the State of Jharkhand. Paragraphs 1 and 4 of the communication were as under: -

"Sir, with reference to above subject, I, as directed, have to submit that, certain department