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 High Court by its unreported decision dated 31st March, 2006 in the case of 'Bihar State Agricultural Marketing Board vs. Union of India & Ors., L.E.A. No. 225 of 2006 (Annexure-17) and the case of the petitioner is covered by the said decision.

3. On 14th June, 2006, the Court while issued notice to the respondents, directed to state as to why petitioner be not granted similar relief as granted by the Patna High Court in the case of Bihar State Agricultural Marketing Board (supra). The 6th and 7th respondents while taken plea that the case of the petitioner is not covered by the decision of the Division Bench of the Patna High Court in the case of Bihar State Agricultural Marketing Board (supra), have taken the following plea:

(I) That it is humbly stated that the petitioner, who is Marketing Specialist has averred in the writ petition that the Home District is in the District of Garhwa under the State of Jharkhand when as a matter of fact the permanent address, as given by the petitioner in the office records is mentioned as House No. 216 Patliputra Colony, Patna-800013.

(II) That it is stated that the Government of India, Home Ministry vide letter no. 12025/9/2004-SR New Delhi dated 13.9.2004, a copy of which was enclosed by the Finance (Public Enterprise Bureau Department) letter no. 1/Pa Ao (Bureau) Bi Pu 14/03 (Khand-1-800 dated 22.9.2004 and sent to the Marketing Board giving detailed guidelines with regard to division of assets and liabilities of Government and Public Undertakings between the newly created S1ate of Jharkhand and State of Bihar.

(III) That it is stated that the Bihar State Agriculture Marketing Board vide their letter no. 3273 dated 3.9.2005 published a tentative list of employees working in the unified State of Bihar, through various newspapers, widely circulated in both the State of Bihar and Jharkhand.

It is further stated that the tentative list of employees was also displayed on important notice boards and a direction was also give therein that if any employee has got any objection with regard to 'allocation of the respective cadres he may give his objection with a period of 30 days and objection received after a period of 30 days will not be considered.

(IV) That it is stated that the meetings of the Sub-Committee convened on 18.11.2005 took important decision with regard to allocation of cadre of employees under the newly created State of Bihar and Jharkhand in view of Board's letter no. 3273 dated 3.9.2005.

(V) That it is stated that in the meeting of the Sub-Committee convened on 18.11.2005 inter alia decision was also taken with regard to allocation of cadre of single post including that of the post of Marketing Specialist against which the petitioner was working because the petitioner was the sole person posted as Marketin