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2015 Supreme(Pat) 976

AJAY KUMAR TRIPATHI
Ashok Kumar Ranjan – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sanjay Singh, Mr. Brisketu Sharan Pandey, Mr. Ranjan Kumar Jha and Mr. Choudhary Prem Kr. Thakur.
For the State of Bihar: Mr. Rajiv Roy, Mr. Suresh Kumar and Mr. Hari Shankar Roy.
For the Respondent: Mr. Rajendra Narain and Mr. Deepak Kumar Sinha.
For the State of Jharkhand: Mr. Nishi Nath Ojha.

JUDGMENT :

AJAY KUMAR TRIPATHI, J.

1. A bunch of writ applications came to be filed by a set of employees, who came to be affected by one way or the other by mutual cadre transfer between the State of Bihar and the State of Jharkhand or vice versa. The reason for filing of some writ applications by a set of such employees are because they were being made to lose their seniority because they opted for a mutual transfer worked out by them. There are other writ applications wherein persons after mutual transfer were supposed to lose their seniority and placed at the bottom of ladder of the gradation list but they are insistent upon claiming original seniority and the position as it stood before the mutual transfer request was accepted and acted upon by the two States.

2. The Court puts it for record that State of Bihar was bifurcated and State of Jharkhand was created on 15th of November, 2000. The Central Government enacted a legislation known as the Bihar Reorganization Act 2000 and this Act was supposed to take care of various aspects arising out of bifurcation of the State of Bihar. So far as the cadre strength of the two States is concerned, it was decided that 2/3rd of the streng































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