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2006 Supreme(Jhk) 1117

SUDHANSU JYOTI MUKHOPADHAYA, R.A.PRASAD
Ajit Kumar Singh – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Petitioner Mr. Aparesh Kr. Singh.
For Union of India : M/s Dr. J.P. Gupta, Pawan Kr. Sahu, Nawal Kishore Pandey.
For Respondent Nos. 4 & 5: M/s V.P. Singh, M.K. Roy.
For Respondent Nos. 6 & 7: M/s Deepak Kr. Prasad, R. Vardhan.
For the State of Bihar: Mr. S.P. Roy.

JUDGMENT

S.J. Mukhopadhaya, ACJ.- This writ petition has been preferred by petitioner against the order no. 2 dated 7th December, 2005, issued by the Managing Director, Jharkhand State Agricultural Marketing Board, Ranchi (hereinafter referred to as "Marketing Board, Ranchi'). Giving reference to a decision taken by the Bihar State Agricultural Marketing Board, Patna, contained in letter no. 4392/Patna dated 5th December, 2005, petitioner has been informed that he has been allocated the State of Bihar, meaning thereby his services has been allocated under Bihar Agricultural Marketing Board, Patna.

2. According to petitioner, he being sole member of his cadre 'Marketing Specialist', posted within the territory of Jharkhand, his services cannot be placed in another cadre under the Bihar State Agricultural Marketing Board, Patna.

Counsel for the petitioner submitted that the post of Marketing Specialist is a separate cadre even since prior to reorganization of the State and creation of Jharkhand State Marketing Board, Ranchi and three different posts were available in three different cadres. It was further submitted that similar issue has been determined by a Division Bench of the Patna
































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