M.Y. Eqbal, J.

1. In these wit petitions, petitioners have prayed for issuance of an appropriate writ, order or direction commanding upon the respondents, particularly respondent Nos. 2 to 4 to post them on the post of Deputy Superintendent of Police within the State of Jharkhand consequent upon their having been allocated Jharkhand Cadre vide order dated 10.3.2005 and to pay their salary since March, 2005.

2. The facts of the case lie in a narrow compass :

Petitioners were initially appointed in the rank of Sub-Inspectors and subsequently they were promoted to the post of Deputy Superintendent of Police on various dates. Petitioners were posted against various posts and started discharging their duties since June, 2004. Consequent to Bihar Reorganization Act, 2000, they were allotted Jharkhand Cadre vide order dated 10.3.2005 and were directed to join at Ranchi. Petitioners duly submitted their joining at Ranchi in the State of Jharkhand which was accepted by the Director General of Police, Jharkhand, Ranchi and Home Secretary, Jharkhand, Ranchi. After joining, the petitioners were given duties vide order dated 7.4.2005 and were deputed on attachment in the office of the Superintendent of Police, East Singhbhum, Jamshedpur. Petitioners, case is that they have not been given regular posting inspite of several representations made by them.

3. By amendment petition dated 6.7.2005, petitioners have challenged the order dated 5.7.2005 whereby during the pendency of the writ petition petitioners who held the substantive post of Deputy Superintendent of Police have been reverted to the post of Inspector of Police

4. In the counter-affidavit filed by respondent No. 3, the Director General of Police, Jharkhand, it is stated that Ministry of Personnel, Public Grievances and Pension, Government of India vide Order No. 3/2005, dated 17.2.2005 has finally allocated the Police Inspectors between the two States of Jharkhand and Bihar respectively. The names of all the petitioners figured in the list of Inspectors allocated to the State of Jharkhand. However, the petitioners joined the Jharkhand State as Dy. Superintendent of Police, promotion to the rank of Dy. Superintendent of Police having been given by the State of Bihar. In that view of the matter, the question of posting them as Dy. Superintendent of Police was, referred to Home Department, Jharkhand, Ranchi vide Police Headquarter, Jharkhand letter No. 1355/P, dated 22.3.2005 and 587/G, dated 6.5.2005. It is stated that in pursuance of the instructions received for the Home Department, Jharkhand vide its latter dated 24.6.2005 all these petitioners alongwith some other officers have been posted in different districts of the State of Jharkhand in the rank of Inspectors.

5. I have heard Mr. Delip Jerath, learned counsel appearing for the petitioners and the learned Standing Counsel appearing for the State of Bihar and the State of Jharkhand.

6. It has not been disputed by the respondents in the counter affidavit that before the petitioners were allocated Jharkhand Cadre, they were duly considered for promotion in the Bihar Police Service and after following the due process and procedure and with the approval of Bihar Public Service Commission, they were promoted to the Bihar Police Service as Dy. Superintendent of Police on various dates. Subsequently, petitioners were posted at different places and started discharging their duties as Dy. Superintendent of Police since June, 2004. In March, 2005, petitioners were allocated Jharkhand Cadre vide letter dated 10.3.2005 issued by the Director General-cum-Inspector General of Police, Bihar. A copy of the order dated 10.3.2005 has been annexed as Annexure-3 to the writ application. In the said order, it has been clearly mentioned that before allocation of Jharkhand Cadre, Petitioners were promoted to the post of Dy. Superintendent of Police. The Last Pay Certificate was also issued by the State of Bihar for the post of Dy. Superintendent of