Remanded

Bhupendra Kumar Singh v. the State of Bihar and Ors.

Patna HC26 Aug 2010CWJC/16630/2009

Case brief

AI extract

What is this about?

High Court directed State Government to take a fresh uniform policy decision for all Departments regarding an administrative service officer's claim to retain seniority lost due to re-allocation after reorganization, remanding matter for a decision within six months while protecting seniority in interim.

What did the court decide?

Matter remanded to Principal Secretary to take a fresh uniform policy decision within six months addressing petitioner's grievance regarding retention of seniority.

Bhupendra Kumar Singh Vs the State of Bihar… — Pension and Retirement Benefits | Patna HC (2010)

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 IN THE HIGH COURT OF JUDICATURE AT PATNA

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 CWJC No.16630 of 2009

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1. BHUPENDRA KUMAR SINGH S/O LATE BAIJNATH SINGH R/O VILL. +
P.O.- MAHADEH, P.S.- BUXAR (M), DISTT.- BUXAR

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 Versus

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1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPARTMENT
OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVT. OF BIHAR, OLD
SECRETARIAT, PATNA

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2. THE PRINCIPAL SECRETARY DEPARTMENT OF PERSONNEL AND

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ADMINISTRATIVE REFORMS, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA

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3. THE DEPUTY SECRETARY DEPARTMENT OF PERSONNEL AND
ADMINISTRATIVE REFORMS, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA

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 with

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 CWJC No.11198 of 2010

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1. MANI BHUSHAN PRASAD, S/O SHRI RAM KRISHNA PRASAD, AT + P.O.
MEGHAUNA, P.S. ALAULI, DISTRICT- KHAGARIA.

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 Versus

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1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF
BIHAR, MIAN SECRETARIAT, PATNA.

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2. THE STATE ADVISORY COMMITTEE,THROUGH ITS SECRETARY, SICHAI
AWAS,BAILEY ROAD,PATNA.

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3. THE SECRETARY CUM INSPECTOR GENERAL OF REGISTRATION,

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DEPARTMENT OF REGISTRATION AND EXCISE, NEW SECRETARIAT,PATNA.

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4. THE JOINT SECRETARY, DEPARTMENT OF REGISTRATION,GOVT. OF
BIHAR,PATNA.

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5. THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME (SPECIAL), GOVT.
OF BIHAR, MAIN SECRETARIAT,PATNA.

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6. THE DEPUTY SECRETARY, DEPARTMENT OF HOME (SPECIAL), GOVT. OF
BIHAR, MAIN SECRETARIAT,PATNA.

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7. THE PRINCIPAL SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS
DEPARTMENT,GOVT. OF BIHAR, MAIN SECRETARIAT,PATNA.

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8. THE UNION OF INDIA,THROUGH THE SECRETARY, MINISTRY OF HOME
AFFAIRS,NEW DELHI.

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9. THE STATE OF JHARKHAND THROUGH THE SECRETARY CUM I.G.,
REGISTRATION,STATE OF JHARKHAND, RANCHI.

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10. SRI VIDYA NAND PASWAN, S/O NAME NOT KNOWN TO THE PETITIONER,
PRESENTLY POSTED AS INSPECTOR OF REGISTRATION OFFICES, PATNA
DIVISION,PATNA.

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 -----------

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3/ 26/08/2010 Heard learned counsel for the petitioners and

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learned counsel for the State.

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The petitioner in C.W.J.C. No.16630/09 is a member of the Bihar Administrative Service. Consequent to the re-organization of the State of Bihar his services

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were allocated to the State of Jharkhand. He made a representation for a mutual transfer. That came to be accepted and he was re-allocated the State of Bihar. At this stage, upon his re-allocation the State of Bihar sought to fix him at the bottom of the seniority list treating it as a case of a transfer upon request entailing loss of seniority. The petitioner questions the same.

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A counter affidavit has been filed on behalf of the respondents. It seeks to support the loss of seniority treating the petitioner as a case of transfer on request by the impugned seniority list dated 25.5.2009.

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The issues which may have been required to be decided by the Court stands answered by the respondent State of Bihar itself by Annexure-11, an order dated 13.4.2009 issued by the Labour Resources Department in context of a similar employee.

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The re-organization of the State was a historic exercise and brought its own service related issues in its wake. This essentially pertained to policy matters. At this stage, issues are not very germane for the Court in exercise of its powers of judicial review. The policy decision has to be taken by the administrator. The question of judicial review arises thereafter. If on a similar issue a policy decision has already been taken by the State respondents, there has to be uniformity in the

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policy decision and different departments of the State Government cannot take different policy decisions on identical facts.

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In C.W.J.C. No.11198/10 the only issue of distinction is that it pertains to the Registration Department.

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The matter is therefore remanded to the Principal Secretary, Department of Personnel and Administrative Reforms to take a fresh decision on the grievance of the petitioner that he is entitled to retain his seniority as prior to the allocation of cadres, urged before this Court in light of a similar decision taken by another Department dated 13.4.2009. The present seniority list dated 25.5.2009 shall be no impediment and of no consequence in taking such fresh policy decision in accordance with law.

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This Court hopes and expects that a proper policy decision along with all necessary corrective action shall be taken by the State Government to be applied uniformally in all Departments of the State Government rather than truncated policy decision generating litigations burdening the Courts unnecessarily.

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Let such consideration be done and a final policy decision taken within a maximum period of six months from the date of receipt/presentation of a copy of

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this order.

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The respondents are directed to adequately keep protected the promotional, seniority aspects of the petitioner in the meantime so that he is not prejudiced if the final policy decision finds favour with his grievance.

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The applications stands disposed.

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( Navin Sinha, J.)

Bhupendra Kumar Singh v. the State of Bihar and Ors.

Case brief

What is this about?

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Bhupendra Kumar Singh v. the State of Bihar and Ors.

Case brief

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