After the bifurcation of Bihar, the issue of seniority for officers who were transferred to Jharkhand had been a long-standing and contentious matter. It was decided by mutual agreement between the Bihar and Jharkhand governments that officers who were given the option to remain in Bihar after the final cadre division would not have their seniority affected, regardless of their year of appointment.
Following the state government’s decision, the matter was brought before the Jharkhand High Court in W.P.(S) 3844/2008. The Jharkhand High Court upheld the government’s decision. Subsequently, Bihar’s government challenged this decision by filing an LPA No. 311/2009 in the Supreme Court. The Supreme Court affirmed the earlier decision regarding seniority made by the Bihar and Jharkhand governments.
According to the ruling of the Honorable Jharkhand High Court, seniority has been reinstated. Officers transferred from the Bihar cadre to the Jharkhand cadre after the final division were allowed to retain their seniority if they chose to stay in Bihar. This decision was respected by the Jharkhand government, which did not consider the affected officers’ seniority when assigning them to higher positions.
This led to W.P. (S) 5194/2019 being filed by officer Sanjay Kumar and others in the Honorable High Court. The court, in its ruling, directed the Jharkhand government to comply with the previous decisions and reinstate the seniority of the officers across various service cadres. The Jharkhand government challenged this decision by filing LPA No. 327/2022. However, the Supreme Court dismissed the appeal, confirming that the decisions made by the Jharkhand High Court were final and binding.
The outcome is a significant resolution of the cadre division dispute between Bihar and Jharkhand, ensuring that officers’ seniority is maintained as per the agreed terms and putting an end to a prolonged issue.
