This order formally addresses the deletion of Shri Sunil Kumar’s name from the final allocation list. This action is a direct result of compliance with High Court of Bihar directives, specifically concerning CWJC No. 16938/2009 and CWJC No. 2768/2006. The State Advisory Committee, after considering the representation of Shri Sunil Kumar, recommended this deletion. The core issue stemmed from a discrepancy in considering the appointment date versus the joining date for allocation purposes. The committee found that Shri Sunil Kumar and Shri Anoop Kumar were appointed on 13.11.2000 but joined on 17.11.2000. Their allocation was initially based on the appointment date, but it should have been based on the joining date, which fell after the appointed day for allocation. Consequently, the committee recommended canceling the allocation and removing their names from the final order. This recommendation has been accepted by the Central Government, and Shri Sunil Kumar’s name at Sr. No. 129 has been officially treated as deleted.
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BY SPEED POST
F. No. 28 (c)/34/2009-SR(S)-II
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 3rd May, 2014
ORDER
30 MAY 2014
In compliance of directions dated 28.01.2010 passed in CWJC No. 16938/2009 and directions dated 17.05.2006 passed in CWJC No. 2768/2006 by the Hon’ble High Court of Bihar at Patna, State Advisory Committee, Bihar in its meeting held on 17.01.2014, considered the representation of Shri Sunil Kumar, Research Assistant, Department of Road Construction and recommended as under:
“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.”
- The above recommendation of the State Advisory Committee, Bihar has been accepted by the Central Government and it is hereby ordered that the name of Shri Sunil Kumar, Research Assistant at Sr. No. 129, Date of Birth 01.07.67, in the pay scale of Rs. 5000-8000 in this Department’s order No. 43 (Jha)/06 dated 18.01.2006 may be treated as deleted.
(А.К. Малюта)
Under Secretary to the Government of India
Tel.- 24651898
Copy to:
- The Chief Secretary, Govt. of Bihar, Patna- 800023.
- The Chief Secretary, Government of Jharkhand, Ranchi-834001.
- The Member Secretary, Office of the State Advisory Committee, Sinchai Awas, Beli Road, Patna, Bihar- 800023.
- The Principal Secretary, Department Home (Special), Govt. of Bihar, Patna – 800015.
- The Principal Secretary, Department Official Language and Administrative Reforms, Government of Jharkhand, Ranchi-834001.
- The Principal Secretary, Department Road Construction, Govt. of Bihar, Patna – 800015.
- The Principal Secretary, Department Road Construction, Government of Jharkhand, Ranchi-834001.
- Shri Sunil Kumar, Research Assistant c/o Shri Ballabh Prasad, r/o Devpuri Khajpura, P.O. – B.N. College, District – Saharasa (Bihar)
- File No. 28/25/05-SR(S) Order No. 43 (Jha)/06
