By Speed Post

F. No. 28/18/2011-SR(S)-Völ.-II
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-110003,
Dated: the 7th April, 2017

To

Siri Brijesh Mehrotra,
Principal Secretary,
Cabinet Coordination Department, Govt. of Bihar &
Member Secretary,
State Advisory Committee, Bihar,
Main Secretariat, Patna-800015 (Bihar).

Sub:- Minutes of meeting of State Advisory Committee, Bihar held on 28.02.2017 at Main Secretariat, Patna.

Sir,

I am directed to enclose herewith the approved minutes of the meeting of the State Advisory Committee, Bihar held on 28.02.2017 at Main Secretariat, Patna for your signature and circulation of the same.

Yours faithfully,

Encls.: – As above.

R. Venkatesan
Under Secretary to the Government of India
011-24624235

Minutes of the meeting of the State Advisory Committee, Bihar held on 28.02.2017 at 11:00 Main Secretariat, Patna, Bihar

A meeting of the State Advisory Committee, Bihar was held on 28.02.2017 at 11:00 A.M. in Main Secretariat, Patna, Ms. Archana Varma, Joint Secretary, DOPT, Govt. India could not attend the meeting due to some exigencies. She directed Ms. K. Kipgen, Joint Secretary (SR) to chair the Committee on her behalf with the approval of Secretary (Personnel), Govt. of India. The meeting was attended by the officers of Govts. of Bihar and Jharkhand. List of attendees is at Annexure-I.

2. During the meeting the following issues were discussed:

• (i) Winding up of State Advisory Committee, Bihar
• (ii) Cut-off date for retention/non-relieving of employees retiring within two years w.e.f. 01.04.2016.
• (iii) Pending Court cases in the Hon’ble High Courts Bihar and Jharkhand.
• (iv) Representations received from the employees in compliance of Court’s order/received direct from the employees
• (v) Final allocation of employees pending due to various reasons

3. The Committee noted that the bifurcation of the State of Bihar took place 16 years ago and therefore emphasized that all allocation matters must be brought to closure and the State Advisory Committee, Bihar should be wound up. The representatives of the two State Govts. of Bihar and Jharkhand also agreed to the same.

4. The Committee considered the following during the meeting:

• (i) Final allocation of 60 employees of 9 Departments which was pending since due to various reasons. The details of recommendation are at Annexure-II.
• (ii) 2 cases in compliance of court’s orders and 3 representations for revision of allocation on preferential grounds. The recommendations of the Advisory Committee with reasons are at Annexure-III.

5. In addition, the Committee examined 25 pending court cases. The status of these cases was updated as per the information provided by the respective State Govts. The Committee desired that the concerned Departments/State Govts. shall appoint Officers-in-charge for court cases who will monitor and update the status of the cases. The Committee also desired that both the State Govts. should take initiatives to impress upon their respective State Govts.’ Counsels and Advocate Generals to request the courts for early disposal of the cases related to allocation matters.

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

The Chairperson,
State Advisory Committee, Bihar

The Member Secretary,
State Advisory Committee, Bihar

List of attendees

1. Ms. K. Kipgen, Joint Secretary (SR), DoP&T, Govt. of India.
   • as Chairperson
2. Shri Brijesh Mehrotra, Principal Secretary, Department of Cabinet Secretariat, Govt. of Bihar.
   • Member Secretary
3. Shri Jitendra Kumar, Special Secretary, Department of Home (Special), Govt. of Bihar.
   • Representative of Govt. of Bihar, Member
4. Shri Diwakar Singh, Joint Secretary, Department of Personnel, Administrative Reforms and Official Language, Govt. of Jharkhand.
   • Representative of Govt. of Jharkhand, Member
5. Shri Rameshwar Prasad, Director-cum-Joint Secretary, Department of Health, Govt. of Bihar.

6. Shri Imtayaz Karimi, Deputy Secretary, O/o State Advisory Committee, Bihar

7. Shri Saurabh Jorwal, Deputy Secretary, Department of Labour Resources, Govt. of Bihar.

8. Shri M. S. Ansari, Under Secretary, Department of General Administration, Govt. of Bihar.

9. Shri M. Mustafa Hussain Mansoori, Education Officer (Secondary Education), Department of Education, Govt. of Bihar.

10. Shri Abdul Gufran, Section Officer (SR-I), DoP&T, Govt. of India.

R. D. S. Subhanshu 7/4/17

The Chairperson, State Advisory Committee, Bihar

1. Meheche

The Member Secretary, State Advisory Committee, Bihar

that as per allocation guidelines if one of the spouse is serving in the erstwhile State of Bihar and the other spouse is working in the State Govt. in any regional/State level post in any institution wholly financed by the Central Govt./State Govt. i.e. Board, Nigam, Authority or University which is non-transferable, in these circumstances the first spouse may be allocated to the State where the other spouse is posted. The Committee further noted that Shri. Jha was allocated to Jharkhand as per her option.

In compliance of Court’s directions dated 24.06.2011 taking into account the employment certificate of her husband submitted by Shri. Jha, the Committee considered her representation and recommended her revision of allocation from Jharkhand to Bihar as an exceptional case.

In compliance of directions dated 29.1.2016, the Committee considered representation of Shri Mahendra Prasad Singh. He has enclosed a copy of his representation dated 07.07.2010 (Annexure-10 to the writ petition). The Hon’ble Court directed the concerned respondent to take cognizance of Annexure-10 (representation dated 07.07.2010 addressed to the Principal Secretary, GAD, Bihar).

In his representation dated 07.07.2010, Shri Singh had requested for revision of his allocation from Bihar to Jharkhand on the medical ground i.e. mental illness of wife, who is under treatment at RINPAS, Ranchi. He also attached a copy of medical certificate dated 25.5.2004 issued by Oro the Director, Ranchi Institute of Neuro Psychiatry and Allied Sciences (RINPAS), Kanke, Ranchi which indicates that his wife viz. Shri Pratima Kumari submitted a representation “Schizophrenia undifferentiated” since last one year i.e. 2003.

Oro State Advisory Committee, Bihar informed that he was allocated to Bihar against his option for Jharkhand. He had not submitted any representation against his tentative allocation to Bihar and he was allocated to Bihar vide order dated 18.12.2009 in accordance with the guidelines.

The Committee, taking cognizance of Court’s order dated 21.01.2016 and the speaking order dated 17.3.2016 rejecting his representation issued by his parent Department stating that his wife had not been under medical treatment as indoor patient for at least 3 months which is stipulated under the guidelines, the Committee ratified the speaking order passed by the Department concerned and recommended rejection of the representation. A speaking order shall be issued by DOPT, Govt. of India.

Shri. Pratima Kumari submitted a representation for revision of allocation from Bihar to Jharkhand under the policy for women employees.

The Oro the State Advisory Committee, Bihar submitted that she was allocated to Bihar vide order dated 25.08.2015 as her option was not received as per records/information received from the Admin. Department.

The Chairperson, State Advisory Committee, Bihar

The Member Secretary, State Advisory Committee, Bihar

राज्य परामर्शदात् समिति का कार्यालय
सिंचाई आवास, बेली रोड, पटना-23

आवास-रामपलस 05/2017………… 12 ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….