PANKAJ KUMAR versus STATE OF JHARKHAND & ORS.

PANKAJ KUMAR versus STATE OF JHARKHAND & ORS.

The Supreme Court held that employees who were serving in the undivided State of Bihar on the appointed day and who were allocated/absorbed into Jharkhand under Section 73 of the Bihar Reorganisation Act, 2000 are protected in their service conditions and are entitled to claim reservation benefits and related privileges in the successor State of Jharkhand; however, a person may claim reservation in either successor State but not simultaneously in both, and those regarded as migrants for purposes of reservation cannot claim benefits in the successor State where they migrated.

Parties
Appellant: Pankaj Kumar; Respondent: State of Jharkhand & Ors.
Jurisdiction
India
Judgment Date
19 August 2021
Procedural Posture
Civil Appeal / Appeal to Supreme Court Resulting in Final Judgment Disposing Appeals
Outcome
Appeals allowed in part; impugned majority judgment of the High Court set aside; appellants reinstated or appointed with notional pay and seniority where specified
Legal Topics
State Reorganisation, Scheduled Castes and Scheduled Tribes Presidential Orders, Domicile and Migration for Reservation, Protection of Service Conditions Under Reorganisation
Constitutional Law Service Law Administrative Law Reservation Law State Reorganisation Scheduled Castes and Scheduled Tribes Presidential Orders Domicile and Migration for Reservation Protection of Service Conditions Under Reorganisation

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Parties

Pankaj Kumar

Appellant

State of Jharkhand & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal to Supreme Court Resulting in Final Judgment Disposing Appeals

Legal Issues

  1. 1 Whether persons who were residents/serving employees of undivided Bihar and absorbed into Jharkhand under the Bihar Reorganisation Act, 2000 could claim the benefit of reservation in the successor State of Jharkhand
  2. 2 Whether an absorbed/served employee may be treated as a migrant for purposes of reservation and thereby disentitled to reservation benefits in Jharkhand
  3. 3 Scope and effect of Sections 72-74 of the Bihar Reorganisation Act, 2000 in protecting service conditions and reservation privileges

Ratio Decidendi

The Supreme Court held that employees who were serving in the undivided State of Bihar on the appointed day and who were allocated/absorbed into Jharkhand under Section 73 of the Bihar Reorganisation Act, 2000 are protected in their service conditions and are entitled to claim reservation benefits and related privileges in the successor State of Jharkhand; however, a person may claim reservation in either successor State but not simultaneously in both, and those regarded as migrants for purposes of reservation cannot claim benefits in the successor State where they migrated.

Court Disposition

Appeals allowed in part; impugned majority judgment of the High Court set aside; appellants reinstated or appointed with notional pay and seniority where specified

Orders

  • Majority judgment of the High Court dated 24.02.2020 set aside
  • Pankaj Kumar to be appointed pursuant to selection under advertisement no.11 of 2007 with seniority as per placement in order of merit and notional fixation of pay and allowances