BY SPEED POST

F. No. 28/18/2011-SR(S)
Government of India
Ministry of Personnel, P.G. and Pensions
(Department of Personnel & Training)

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-110003
Dated 7th March, 2014

To
Shri Brajesh Mehrotra,
Member Secretary,
O/o State Advisory Committee, Bihar,
Old Secretariat, Patna-800015.

07 MAR 2014

Subject: Minutes of meeting of the State Advisory Committee, Bihar
held on 17.01.2014 at Old Secretariat, Patna.

Sir,

I am directed to refer to your letter No. का.- को.-38/2001(खंड-1)-14 dated
21.02.2014 and to forward herewith approved and signed minutes of
meeting of the State Advisory Committee, Bihar held on 17.01.2014 at Old
Secretariat, Patna under the Chairmanship of Ms. Mamta Kundra, Joint
Secretary (AT&A), Government of India regarding consideration of the
representations of the employees of erstwhile State of Bihar in compliance
of directions given by the Hon’ble High Court and other representations
received from the employees under revised policy for SC/ST, women and
class-IV employees etc.

1. It is, requested that the said minutes may be circulated to all the
   Departments concerned for information under intimation to this Department.

Yours faithfully,

S. Nayak
(S. Nayak)
Under secretary to the Government of India
Tel. No. 24651898

Encls.: As above# Minutes of the meeting of State Advisory Committee, Bihar held on 17.01.2014 at 10:30 AM in Old Secretariat, Patna, Bihar under the Chairmanship of JS (AT \& A).

Meeting of the State Advisory Committee, Bihar was convened on 17.01.2014 at 10:30 A.M. in Old Secretariat, Patna, Bihar under the Chairmanship of Ms. Mamta Kundra, Joint Secretary (AT \& A), Department of Personnel \& Training, Government of India, to consider the representations of the petitioners/employees of Bihar/Jharkhand. Details of officers who attended the meeting are as following: –

1. Ms. Mamta Kundra, Joint Secretary(AT \& A), – Chairperson. DoPT, Government of India
2. Shri Brajesh Mehrotra, Secretary, – Member Secretary. Cabinet Secretariat, Government of Bihar
3. Ms. K. Kipgen, Director (SR), DoPT, – Member. Government of India
4. Shri Rajiv Ranjan Sinha, Additional Secretary, -Representative of Department of Home (Special), Bihar. Govt. of Bihar
5. Shri Diwakar Prasad Singh, Under Secretary, -Representative of Department of Official Language and Govt. of Jharkhand Administrative Reforms, Jharkhand

Shri Brajesh Mehrotra, Member Secretary, State Advisory Committee, Bihar welcomed the Chairperson and the other Members of the Committee and thereafter with the permission of the Chair, took up the agenda of the Meeting for discussion. The Committee considered 52 cases in all and recommendations of the Committee in each individual case are as under: –

1. Consideration of final allocation of Shri Ajeet Kumar, Junior Engineer, Department of Road Construction, who had been allocated to both the States of Bihar and Jharkhand.

Shri Ajeet Kumar, Junior Engineer submitted a representation for his allocation to State of Jharkhand. The Committee considered the representation of Shri Ajeet Kumar, Junior Engineer for his final allocation to the State of Jharkhand. It was informed by the Administrative Department of Shri Ajeet Kumar vide their letter No. 11918 dated 09.12.2012 that as per seniority list of year 2000, Shri Kumar belongs to SC category and his correct seniority rank is 2083. He had opted for the State of Jharkhand. Therefore, the Committeerecommended his final allocation to Jharkhand. It has also been recommended that the name of Shri Ajeet Kumar shown/mentioned at Srl. No. 1657, DOB – 08.07.1962, Home District – Bhagalpur, Date of appointment – 24.12.1987, Date of joining – 18.01.1988, Seniority rank – 2527, category – BC, option – not received and final allocation to Bihar may be deleted.

1. Consideration of final allocation of Shri Jamal Majahari, Junior Engineer, Department of Road Construction who had been allocated to both the States of Bihar and Jharkhand.

Shri Jamal Majahari, Junior Engineer, Department of Road Construction submitted a representation for his allocation to Jharkhand. The Committee considered the representation of Shri Jamal Majahari, Junior Engineer, Department of Road Construction. It was informed by the office of State Advisory Committee that the Administrative Department has not yet furnished their comments/confirmation regarding his correct allocation. Taking note of the above, the Committee recommended that correct seniority rank and records regarding final allocation of Shri Majahari may be confirmed by the Administrative Department. On receipt of such confirmation by office of State Advisory Committee, it may be furnished to the Central Government. The Central Government would take decision regarding final allocation of Shri Jamal Majahari and the order to this effect would be issued.

1. Compliance of the directions dated 07.10.2009 of the Hon’ble High Court of Bihar at Patna, in CWJC No. 12758/2009 in the matter of Shri Brahmdev Singh & Shri Amerika Singh, both Typists – consideration of representations of the petitioners for their allocation to Bihar.

The Hon’ble High Court of Bihar at Patna disposed of CWJC No. 12758/2009 on 07.10.2009 with the similar directions as noticed in the orders of the Court in CWJC No. 5381/2007 (Shri Suman Gupta versus State of Bihar) and LPA No. 889/2009 to decide the issue of allocation of cadre of the petitioners and the category in which he is to be considered thereupon in accordance with law. The Hon’ble Court opined in CWJC No. 5381/2000 that an employee would belong either to the general category or the reserve category. He could not be general category candidate for some purpose and a backward category candidate for other purpose. In compliance of said directions dated 07.01.2009, Shri Brahmdev Singh & Shri Amerika Singh, both Typists submitted their representations for allocation to Bihar in general.category. In compliance of the said directions dated 07.01.2009 of the Hon’ble Court, the Committee considered the representations of Shri Brahmdev Singh \& Shri Amerika Singh. The Committee considered their representations in the light of directions dated 18.01.2009 in CWJC No. 5381/07 filed by Shri Suman Gupta, Assistant (OBC category) who was appointed under general category on the basis of merit. His allocation was revised to Bihar under general category. The Committee observed since Shri Brahmdev Singh and Shri Amerika Singh were appointed under general category, they are eligible to be considered as general category employees for the purpose of allocation. It was brought to the notice of the Committee that Shri Brahmdev Singh stood retired on attaining the age of superannuation on 31.10 .2013 while serving under the Government of Bihar in pursuance of order dated 07.01.2009 of the Hon’ble High Court. Shri Amerika Singh is also due to retire on superannuation on 31.05.2014. Therefore, the Committee recommended that Shri Brahmdev Singh \& Amerika Singh are eligible to be allocated to the State of Bihar under general category and their allocation may be revised from Jharkhand to Bihar.
4. Compliance of the order dated 13.01.2012, the Hon’ble High Court of Bihar at Patna in CWJC No. 3887/2011 in the matter of Shri Surendra Singh, Driver, Department of Urban Development \& Housing consideration of representation for allocation to Bihar.

The Hon’ble High Court of Bihar at Patna disposed of CWJC No. 3887/2011 on 13.01.2012 and opined that order dated 03.02 .2011 whereby status quo was vacated and order dated 10.01.2006 allocating the petitioner to Jharkhand are set aside. The Court further opined that the petitioner is held entitled to allocation to the State of Bihar. In compliance of the said directions dated 13.01.2012 of the Court, the petitioner viz. Shri Surendra Singh, Driver submitted a representation for his allocation to Bihar. The Committee considered the applicability of compliance of said directions of the Hon’ble Court. It was informed by the office of State Advisory Committee that there were three drivers; 1 – SC. 1 – BC and 1 – General, two (1- SC \& 1-BC – Shri Nandu Prasad) out of them were allocated to Bihar as per their option while Shri Surendra Singh (General) was allocated to the State of Jharkhand against his option to maintain the ratio of allocation of posts i.e. $2: 1$ between Bihar and Jharkhand. The contention of the petitioner is that he should have been allocated to the State of Bihar being senior most, whereas Shri Nandu Prasad, who is junior to him, was allocated to Bihar as per his option under BC category whereas he should have been allocated to Jharkhand being juniorunder General category. The office of State Advisory Committee confirmed that Shri Nandu Prasad belongs to BC category. The Committee observed that the opinion of the High Court is not correct as Shri Surendra Singh was appointed under general category while Shri Nandu Prasad appointed under BC category. However, since the time for filing an appeal against the said directions dated 13.01.2012 has lapsed, the Committee recommended that Shri Surendra Singh may be allocated to Bihar in contravention of the policy and in compliance of the Hon’ble Court’s order dated 13.01.2012.
5. Compliance of the order dated 28.01.2010, the Hon’ble High Court of Bihar at Patna in CWJC No. 16938/2009 \& CWJC No. 2768/2006 in the matter of Shri Anoop Kumar \& Shri Sunil Kumar, Research Assistants, Department of Road Construction – consideration of cancellation of allocation and deletion of the name from final allocation order.

The Hon’ble High Court of Bihar at Patna disposed of CWJC No. 16938/2009 on 28.01.2010 and set aside the order dated 03.07 .2009 issued by Department of Home (Special) allocating the petitioner to the State of Jharkhand in pursuance of allocation orders issued by the Central Government. In compliance of said directions dated 28.01.2010 of the Court in CWJC No. 16938/2009 filed by Shri Anoop Kumar, Research Assistant and directions dated 17.05.2006 of the Hon’ble High Court of Bihar at Patna in CWJC No. 2768/2006 filed by Shri Sunil Kumar, Research Assistant, Department of Road Construction, the Committee considered allocation of the above mentioned employees. It was informed by the office of State Advisory Committee that Department of Road Construction furnished clarifications regarding appointment/ joining of Shri Anoop Kumar and Shri Sunil Kumar vide their letter No. 15366 dated 09.11.2010. It has been informed by the Administrative Department that both the employees were appointed vide order dated 13.11.2000 but they joined on 17.11.2000. Their allocation was made considering their appointment date i.e. 13.11.2000. Actually, they were to be considered for allocation as per their joining date i.e. 17.11.2000 which falls after the appointed day for allocation i.e. 15.11.2000. Therefore, the Committee recommended cancellation of allocation and deletion of name of Shri Anoop Kumar, Research Assistant and Shri Sunil Kumar, Research Assistant from final allocation order.6. Consideration of allocation of Shri Agam Prasad, Assistant Engineer, Department of Energy – complaint from Shri Arvind Kumar, Assistant Engineer regarding Home district of Shri Agam Prasad and allocation of posts of Assistant Engineers.

Shri Arvind Kumar, Assistant Engineer, Department of Energy submitted an application for revision of allocation of Shri Agam Prasad, Assistant Engineer on the basis of correct Home District and allocation of posts in general category. The Committee considered the allocation of Shri Agam Prasad in the light of the complaint received from Shri Arvind Kumar, who was allocated to Jharkhand. Shri Arvind Kumar has alleged that Shri Agam Prasad should have been allocated to Bihar as his home district is Patna, Bihar and he had not given his option for any of States. As per ratio of allocation of posts (i.e. 2:1) between Bihar and Jharkhand, Shri Prasad was to be allocated to Jharkhand. Office of the State Advisory Committee has informed that Home District of Shri Agam Prasad and allocation of Post of Assistant Engineers of Department of Energy is to be verified/ re-checked in consultation with the Department of Home (Special), Government of Bihar and Department of Energy. Therefore, the Committee deferred the matter for consideration during the next meeting.

1. Compliance of order dated 28.07.2009, the Hon’ble High Court of Bihar at Patna in CWJC No. 8815/2009 in the matter of Shri Shilendra Kumar, Personal Assistant, Department of Personnel & AR – consideration of representation for allocation to Bihar.

The Hon’ble High Court of Patna has disposed of in CWJC No. 8815/2009 on 28.07.2009 and directed that the representation of the petitioner be considered in accordance with law as early as possible in any case within one month from the date of receipt of communication along with the copy of this order. Shri Shilendra Kumar, Personal Assistant submitted a representation for his allocation to State of Bihar. In compliance of directions dated 28.07.2009, the Committee considered the representation of Shri Shilendra Kumar, Personal Assistant, Department of Personnel & Administrative Reforms. It was brought to the notice of the State Advisory Committee that there were 297 Personal Assistants in total. Out of them 197 were allocated to Bihar and 100 to Jharkhand. As per the ratio for allocation of posts i.e. 2:1, the correct allocation should have been 198 and 99 for Bihar and Jharkhand respectively. Shri Shilendra Kumar is senior most amongst the Personal Assistants allocated to Jharkhand on juniority basis. The Committee observedthat the correct allocation of posts should have been 198 and 99 for Bihar and Jharkhand respectively. Therefore, one more post of Personal Assistant is to be allotted to the State of Bihar. Shri Shilendra Kumar being the senior most would be allocated to Bihar as per his option in accordance with the correct allocation of posts. Taking note of the Court’s directions, the Committee recommended revision of allocation of posts as per the ratio and accordingly allocate Shri Shilendra Kumar, Personal Assistant from Jharkhand to Bihar.

1. Consideration of representation of Smt. Kailash Kumari, Smt. Reeta Sinha & Smt. Aasha Mishra, Assistant Teachers, Department of Secondary Education.

Smt. Kailash Kumari, Assistant Teacher, Smt. Reeta Sinha, Assistant Teacher & Smt. Aasha Mishra, Music Teacher, Department of Secondary Education submitted their representations for their allocation to Bihar. The Committee considered the representations of Shri Kailash Kumari, Smt. Reeta Sinha & Aasha Mishra. The Committee noted that their requests for revision of State allocation from Jharkhand to Bihar may be treated as option for State of Bihar as a special category. As per the policy/guidelines of allocation, women employees are to be allocated to the State of their option. Therefore, the Committee recommended revision of allocation of Smt. Kailash Kumari, Assistant Teacher, Smt. Reeta Sinha, Assistant Teacher & Smt. Aasha Mishra, Music Teacher, Department of Secondary Education from Jharkhand to Bihar under the policy for allocation of women employees.

1. Consideration of representation of Shri Ram Pravesh Prasad, Assistant Engineer, Department of Road Construction – consideration of representation for allocation to Bihar.

Shri Ram Pravesh Prasad, Assistant Engineer, Department of Road Construction submitted a representation for revision of his allocation from Jharkhand to Bihar. The Committee considered the representation of Shri Ram Pravesh Prasad, Assistant Engineer, Department of Road Construction under the policy guidelines for allocation of SC/ST employees. As per letter dated 24.06.2010, SC/ST employees are to be allocated to the State of their domicile or on option basis. Shri Ram Pravesh Prasad belongs to SC category and is a domicile of Bihar. He has represented that he had opted for State of Bihar but his option was not received in the office of State Advisory Committee. Taking note of the request of Shri Ram Pravesh Prasad, Assistant Engineer, theCommittee recommended revision of his allocation from Jharkhand to Bihar under policy guidelines of allocation of SC/ST employees.

1. Compliance of directions dated 30.08.2011 of the Hon’ble High Court of Bihar at Patna in CWJC No. 2740/2007 in the matter of Shri Amar Nath Yadav, Sample Taker, Department of Public Health Engineering.

The Hon’ble High Court of Patna has disposed of CWJC No. 2740/2007 on 30.08.2011 and directed the petitioner to make representation before the competent authority of Union of India through its controlling authority. In compliance of the said directions dated 30.08.2011 of the Court, Shri Amarnath Yadav, Sample Taker submitted a representation to the Central Government for his allocation to Bihar against the post of Sample Taker. The Committee considered the representation of Shri Amar Nath Yadav, Sample Taker, Department of Public Health & Engineering. The Committee noted that the contention of petitioner for his allocation to the State of Bihar in the post of Sample Taker is not valid. Initially, the Administrative Department of the petitioner had not furnished any list of Lab Attendants. However, later on, it was clarified by the Administrative Department that two employees working as Sample Takers and two employees working as Adeshpaals were to be considered for allocation against the posts of Lab Attendants. Observing that since Shri Amar Nath Yadav was working as Lab Attendant on the appointed day for allocation i.e. 15.11.2000, the Committee recommended rejection of his representation for allocation to Bihar as Sample Taker.

1. Compliance of directions dated 23.01.2012 of Hon’ble High Court of Jharkhand at Ranchi in W.P.(S) No. 1886/2008 filed by Shri Surendra Kumar, Lipik, Department of Labour & Employment – consideration of representation for allocation to Jharkhand.

Hon’ble High Court of Jharkhand at Ranchi disposed of W.P.(s) No. 1886/2008 on 23.01.2012 and directed that Department of Labour, Employment & Training of States of Bihar and Jharkhand would decide the representation preferred by the petitioner for cadre allocation to Jharkhand. In compliance of said directions dated 23.01.2012 of the Court, the petitioner viz. Shri Surendra Kumar, Lipik, Department of Labour & Employment, Government of Bihar submitted a representation for revision of his State allocation from Bihar to Jharkhand. The Committee considered the representation of the petitioner and noted that the wife of Shri Surendra Kumaris working in a private firm and is not serving under the Government. As such, his request is not covered under spouse policy for allocation. Therefore, the Committee recommended rejection of his representation for revision of State allocation from Bihar to Jharkhand.

1. Compliance of directions dated 16.07.2012 of the Hon’ble High Court of Bihar at Patna in CWJC No. 7061/2012 in the matter of Shri Ram Niwas Dube and others.

The Hon’ble High Court of Bihar at Patna disposed of CWJC No. 7061/2012 on 16.07.2012 with a direction that the representation of the petitioners shall be considered by the Advisory Board within one month from the date of receipt/production of a certified copy of this order, if it is subsisting. The petitioners have submitted their representations for revision of State allocation from Jharkhand to Bihar under medical hardships category.

1. Compliance of the directions dated 21.02.2013 of the Hon’ble High Court of Bihar at Patna in CWJC No. 3461/2013 in the matter of Shri Ramesh Chandra Gupta.

The Hon’ble High Court of Bihar at Patna disposed of CWJC No. 3461/2013on 21.02.2013 and opined that the remedy for petitioner will be for approaching the Government of India for redressal of his grievance related to his being retained in the State of Bihar. The Government of India is only authority to decide the claim of employees for being reallocated to Bihar and Jharkhand. In compliance of the said directions dated 21.02.2013, Shri Ramesh Chandra Gupta, Assistant, Department of Environment and Forests submitted a representation for revision of his State allocation from Jharkhand to Bihar. The Committee considered the representation of Shri Ramesh Chandra Gupta, Department of Personnel \& Administrative Reforms informed that correct seniority rank of Shri Gupta is 3261 but his option was not mentioned against this seniority rank. Therefore, he was finally allocated to the State of Jharkhand. His option was mentioned as Bihar against his name at seniority rank 41. Office of State Advisory Committee informed that 8 juniors viz. Shri Sureshwar Prasad Singh (seniority rank – 3305), Shri Umakant Kumar (seniority rank – 3306), Shri Jamadaar Rai (seniority rank – 3316), Shri Vinay Prasad (seniority rank – 3324), Shri Bhagendra Sah (seniority rank 3325), Shri Arun Kumar Singh (seniority rank – 3330), Shri Rajendra Prasad (seniority rank – 3332) and Shri Devendra Kumar (seniority rank – 3358) were allocated to Bihar as per their option and Home District. Taking note of the above, the Committee recommended revision of allocation of Shri Ramesh Chandra Gupta, Assistant from Jharkhand to Bihar on the grounds that his juniors were allocated to Bihar.24. Compliance of the directions dated 21.02.2013 of the Hon’ble High Court of Bihar at Patna in CWJC No. 11684/2006 in the matter of Smt. Rupam Kumari, Mahila Paryavekshika, Department of Social Welfare.

The Hon’ble High Court of Bihar at Patna while disposing of CWJC No. 11684/2006 on 21.02.2013, granted liberty to the petitioner to approach the Secretary, Department of Personnel & Training, Govt. of India within 4 weeks from the date of order along with a copy of the order. The Hon’ble Court also directed that said authority shall consider the same if such an application is filed by the petitioner within the aforesaid period by passing a speaking order within 3 months. Smt. Rupam Kumari, Mahila Paryavekshika did not submit any representation to the Secretary, DOPT, Government of India. In compliance of the said directions dated 21.02.2013 of the Hon’ble Court, the Committee considered this case. It was brought to the notice of the Committee that the petitioner viz. Smt. Rupam Kumari, Mahila Paryavekshika, Department of Social Welfare has failed to submit representation to the Government of India. The Committee further observed that Smt. Kumari is a regional cadre employee and as such, her allocation/revision is not under the purview of the Central Government. Furthermore, since the petitioner has failed to submit any representation the matter could not be considered. The Committee, therefore, observed that her request may be considered and decision be taken on file by the State Government subject to representation being received from the petitioner.

1. Compliance of the directions dated 21.01.2013 of the Hon’ble High Court of Bihar at Patna in CWJC No. 14244/2012 in the matter of Shri Lakhan Rajak, Clerk, Department of Labour.

The Hon’ble High Court of Bihar at Patna disposed of CWJC No. 14244/2012 on 21.01.2013 that the Central Government being final authority will take appropriate decision on the request of petitioner for his allocation to Jharkhand and pass an appropriate order within a period of 6 months from the date of receipt of recommendation of State Governments. In compliance of said directions dated 21.01.2013 of the Hon’ble Court, the Committee considered the representation of Shri Lakhan Rajak, Clerk, Department of Labour. The Committee noted that Shri Lakhan Rajak belongs to SC category, also a domicile of Jharkhand who had opted for Jharkhand. As per letter dated 24.06.10, SC/ST employees are to be allocated to the State of their domicile or on option basis. Therefore, the Committee recommended revision of hisallocation from Bihar to Jharkhand under revised policy/guidelines of allocation of SC/ST employees.

1. Consideration of representation of Shri Anil Kumar, Prakhand Kalyan Padadhikari, Department of Welfare for revision of State allocation from Bihar to Jharkhand.

Shri Anil Kumar, Prakhand Kalyan Padadhikari, Department of Welfare, Bihar submitted a representation for revision of his State allocation from Bihar to Jharkhand under SC/ST category. The Committee considered his representation and noted that Shri Anil Kumar belongs to SC category and had opted for State of Jharkhand but he was allocated to Bihar against his option. As per letter dated 24.06.10, SC/ST employees are to be allocated to the State of their domicile or on option basis. Therefore, the Committee recommended revision of his allocation from Bihar to Jharkhand under revised policy/guidelines of allocation of SC/ST employees.

1. Consideration of representation of Shri Satish Kumar, Assistant, Department of Food and Consumer Protection for revision of his allocation from Jharkhand to Bihar.

Shri Satish Kumar, Assistant, Department of Food and Consumer Protection, Jharkhand has submitted a representation for revision of his allocation from Jharkhand to Bihar under medical hardships category. The Committee considered his representation and noted that Shri Satish Kumar was allocated to the State of Jharkhand as per his option. While taking a sympathetic view of cancer disease of his wife, the Committee observed that the revision of allocation on medical grounds is available only for the opted State. Taking note of the above, the Committee recommended rejection of the representation of Shri Satish Kumar since he was allocated to State of Jharkhand as per his option.

1. Consideration of representation of Shri Devendra Kumar Singh, District Commandant, Department of Home (Special) for final allocation to Jharkhand.

It was brought to the notice of the Committee that Department of Home (Special), Government of Bihar have requested to re-determinate the cadre allocation of Shri Devendra Kumar Singh, Planning Officer on new post of District Commandant in compliance of directions of the Hon’ble High Court.Office of State Advisory Committee informed that Shri Singh is a cancer patient at third stage. He has opted for Jharkhand. As per revised allocation of posts in the cadre of District Commandant, Shri Singh is eligible to be allocated to State of Bihar against his option. Fresh TFAL is required to allocate him on the new post of District Commandant. However, the Committee noted that since Shri Singh is a cancer patient and had also opted for State of Jharkhand, the Committee recommended his allocation to State of Jharkhand under medical hardship category. Taking sympathetic view, the Committee further recommended that no fresh Tentative Final Allocation be drawn as an exceptional case since he is suffering from third stage cancer. The final allocation order would be issued by the Central Government allocating Shri Devendra Kumar Singh, District Commandant to State of Jharkhand and his name would be deleted from final allocation order against the post of Planning Officer.

1. Consideration of representation of Shri Mukim Akhtar, Lab Attendant, Department of Health for deciding his cadre allocation.

Shri Mukim Akhtar, Lab Attendant, Department of Health, Government of Jharkhand has submitted a representation for deciding his cadre allocation. The Committee considered the representation of Shri Mukim Akhtar and recommended fresh tentative final allocation to Jharkhand on juniority basis, under most backward category, option not received and against Home District. The Committee further recommended that TFAL may be published and Shri Mukim Akhtar, Lab Attendant may be given an opportunity to submit a representation against his tentative final allocation to Jharkhand.

1. Consideration of representation of Shri Akhileshwar Prasad, Assistant Engineer, Department of Building Construction for deciding his cadre/ State allocation.

Shri Akhileshwar Prasad, Assistant Engineer, Department of Building Construction has submitted a representation for deciding his State cadre allocation. The Committee considered his representation. Office of State Advisory Committee informed that Shri Akhileshwar Prasad was appointed on Ad-hoc basis and his service was not regularized. Since Assistant Engineers appointed on Ad-hoc basis are not regular employees, they are not eligible to be considered for cadre allocation. Taking note of the above, the Committeerecommended that cadre allocation of Shri Akhileshwar Prasad does not fall within the preview of Bihar Re-organization Act, 2000

1. Consideration of representation of Shri Satyanarayan Vishwas, Paudha Sanrakshan Nirikshak, Department of Agriculture and Ganna Vikas for revision of State allocation from Jharkhand to Bihar.

Shri Satyanarayan Vishwas, Paudha Sanrakshan Nirikshak, Department of Agriculture and Ganna Vikas, Jharkhand has submitted a representation for revision of State allocation from Jharkhand to Bihar under medical hardships category. The Committee considered his representation and noted that Shri Satyanarayan Vishwas was allocated to the State of Jharkhand as per his option. While taking a sympathetic view of the mental illness of his daughter, the Committee observed that the revision of allocation on medical grounds is available only for the opted State. Taking note of the above, the Committee recommended rejection of the representation of Shri Satyanarayan Vishwas since he was allocated to State of Jharkhand as per his option.

1. Consideration of representations of employees of various Departments under Medical hardships.

All these employees have submitted their representations for revision of their State allocation from Jharkhand to Bihar on various medical grounds.

42. Consideration of representation of Smt. Sunita Kumari, Literate Constable (op.), Department of Home.

Smt. Sunita Kumari, Literate Constable (op.), Department of Home, Jharkhand has submitted a representation for revision of his State allocation from Jharkhand to Bihar under medical hardships category. The Committee considered her representation and noted that Smt. Sunita Kumari was allocated to the State of Jharkhand as per her option. While taking a sympathetic view of her mental illness, the Committee observed that the revision of allocation on medical grounds is available only for opted State. Taking into note of above, the Committee recommended rejection of representation of Smt. Sunita Kumari since she was allocated to State of Jharkhand as per her option.

Srl. No. 43-50: – Consideration of representations of Class – IV employees

Shri Santosh Raj, Pramandaliye Lipik submitted a representation from revision of State allocation from Jharkhand to Bihar under medical hardships category. This case was placed before the Committee by the office of State Advisory Committee. Office of State Advisory Committee informed that Shri Santosh Raj, Pramandaliye Lipik is an employee of regional cadre. His allocation/re-allocation does not fall within the purview of State Advisory Committee. It was also brought to the notice of the Committee that the Central Government has issued instructions vide letter No. 28/2/2013-SR(S) dated 28.11.2013 (Annexure-I) to consider the representation of Shri Santosh Raj under the policy of inter-State transfer for regional cadre State employees. Therefore, the Committee did not consider the representation of Shri Santosh Raj.

1. Consideration of final allocation of Shri Shiv Shankar Choudhary, Assistant Engineer, Department of Road Construction to the State of Jharkhand.

This case was placed before the Committee by the office of State Advisory Committee. Shri Shiv Shankar Choudhary, Assistant Engineer, Department of Road Construction has submitted his representation for his final allocation to Jharkhand. The Committee considered his final allocation and observed that his final allocation was pending for want of comments of Administrative Department. Shri Shiv Shankar Choudhary belongs to SC category and had opted for State of Jharkhand. As per revised policy guidelines dated 24.06.2010, allocation of SC/ST employees are to be made as per their domicile or on option basis. Taking note of the above, the Committee recommended final allocation of Shri Shiv Shankar Choudhary, Assistant Engineer to State of Jharkhand under SC/ST policy. The final allocation order would be issued by the Central Government.1. Disposal of nil representations/representations received against tentative final allocation and consideration of final allocation: –

The Committee considered final allocation of 12 employees of Department of Agriculture and Department of Health. The Committee recommended their final allocation as per details given below:

1. Tentative final allocation of Shri Mohammad Mukim Akhtar, Pravoyshala Pravedhiki (Lab Attendant), Department of Health at Sr. No. 29 of this minutes has been approved by the State Advisory Committee in its meeting held today.

It has also been recommended that cut-off date for receipt of representation against his tentative final allocation is 45 days from the date of publication of TFAL.

1. The Committee also discussed the following matters: –
2. Extension of term of State Advisory Committee, Bihar.

The Committee recommended that the extension of tenure of State Advisory Committee, Bihar will be considered on need basis.

ii. Consideration of deferred/not considered cases/compliance of court’s directions and fresh representations received from State Government employees.Any representation not considered in the State Advisory Meeting held on 17.01.2014 will be considered subsequently.

iii. Status of 118 pending cases of allocation.

The status of 118 pending cases of allocation will be informed by the office of State Advisory Committee in consultation with the Department of Home (Special), Government of Bihar.

The meeting ended with a vote of thanks to the Chair.

![Signature]

State Advisory Committee, Bihar