Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2000: ss. 72 73 and 74 Bihar Reorganisation Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Bihar Reorganisation Act, 2000 (30 of 2000) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Bihar Reorganisation Act, 2000: ss. 72, 73 and 74 – Provisions relating to services in Bihar and Jharkhand – Benefit of reservation – Entitlement to – Person resident of the State of Bihar – Order of 1950, identifying castes/tribes whereby benefit extended to members of SC/ST throughout the integrated State of Bihar – Subsequently State of Bihar bifurcated into two successor States, State of Bihar and State of Jharkhand with rights and privileges to the extent being protected by 2000 Act – Said persons, if could still be considered to be a migrant to the successor State of Jharkhand depriving them of their privileges and benefits of reservation for public employment to which the incumbent or their lineal descendants has availed in the integrated State of Bihar – Held: Person is entitled to claim benefit of reservation in either of the successor State of Bihar or State of Jharkhand, but will not be entitled to claim priveleges and benefit of reservation simultaneously in both the successor States since that would defeat the mandate of Arts 341(1) and 342(1) – Those who are members of the reserved category and are resident of the successor State of Bihar, while participating in open selection in State of Jharkhand would be treated to be migrants and it would be open to participate in general category without claiming the benefit of reservation and vice-versa – s. 73 postulates not only to protect the existing service conditions but the benefit of reservation and privileges which he was enjoying on or before the appointed day, in the State of Bihar not to be varied to his disadvantage after he became a member of service in the State of Jharkhand – In view thereof, it would be highly unfair and pernicious to their interest if the benefits of reservation with privileges and benefits flowing thereof are not being protected in the State of Jharkhand after the incumbent is absorbed – Employees who were in public employment in the State of Bihar on or before the appointed day, apart from those who are domicile of either of the district which became part ofthe State of Jharkhand, such of the employees who have submitted their option to serve the State of Jharkhand, their existing service conditions shall not be varied to their disadvantage and stands protected by virtue of s. 73 – Such of the employees who are members of the SC/ST/OBC whose caste/tribe has been notified, benefit of reservation including privileges and benefits flowing thereof, would be protected by virtue of s. 73 for all practical purposes which can be claimed (including by their wards) for participation in public employment – Constitution (Scheduled Castes)/(Scheduled Tribes) Order 1950. |
Judge | Hon'ble Mr. Justice Ajay Rastogi |
Neutral Citation | 2021 INSC 414 |
Petitioner | Pankaj Kumar |
Respondent | State Of Jharkhand & Ors. |
SCR | [2021] 8 S.C.R. 537 |
Judgement Date | 2021-08-19 |
Case Number | 4864 |
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