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2011 Supreme(Pat) 2103

J.N.SINGH
Anil Kumar – Appellant
Versus
State of Bihar through the Secretary, Road Construction Department – Respondent


Advocates:
Advocate Appeared
For the Petitioner: Mr. Rupak Kumar.
For the State: M/s P.K. Verma, S.K. Sharma.
For the Respondent: M/s Vinod Kanth, Arun No. 6 Kumar.

JUDGMENT

Jayanandan Singh, J.-Heard learned counsel for the petitioner, learned counsel for the State as well as learned Senior Counsel for respondent no. 6.

2. Petitioner has filed this writ application for quashing of part of letter no.277 dated 3.2.2009 (Annexure-1), issued under the signature of Deputy Secretary, Department of Personnel & Administrative Reforms, Government of Bihar and addressed to the Chief Secretary, ,Jharkhand, by which, inter alia, a decision of the Government that, in cases of transfer of the employees to the State of Bihar on mutual consent, their claim for seniority shall not be entertained, has been communicated for follow up action. He further prays for quashing of part of the notification contained in Memo No. 2179(S) dated 15.2.2008, issued under the signature of the Deputy Secretary, Road Construction Department, Bihar, Patna, by which services of the petitioner and others, who had applied for their transfer back to the State of Bihar on the basis of mutual consent, were returned in the Department on the condition that their claims for seniority• shall not be accepted. He further prays for a direction to the respondents for restoration of his seniori

































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