Narendra Kumar & Ors vs The State of Bihar & Ors

Heard learned counsel for the parties.

Since all these cases involve similar issue, these are being disposed of by this common order and, for convenience, the fact of C.W.J.C. No. 606 of 2009 is being taken up.

In the present case, a question has been raised for reckoning the period while he was serving in the State of Jharkhand in respect of granting seniority.

The petitioner was working as an Assistant Engineer, after bifurcation of the erstwhile State, on the request of the petitioner, he was posted in Jharkhand but, later on, he has opted for mutual transfer from Jharkhand to Bihar which was allowed but, the seniority was not given for the period he remained in Jharkhand which is impugned in the present case.

Learned counsel for the petitioner submits that the identical issue came for consideration in C.W.J.C. No. 4756 of 2009 (Aditya Narayan Roy Vs. The State of Bihar & Ors.) and the Division Bench has deeply entered into the niceties of fact and law and held that the period spent in the State of Jharkhand after bifurcation will be counted for the purpose of seniority.

As the facts of all these cases are identical to the aforesaid case of Aditya Narayan Roy (supra), this Court directs the Authority concerned to examine the case of all the petitioners in terms of the order passed in the case of Aditya Narayan Roy (supra), if the present cases are identical to the aforesaid case, the same benefit will be given to the petitioners of all these writ applications.

With the aforementioned observations, all these writ applications are disposed of.