Ashok Kumar Sharma Vs. Union of India (Uoi) and ors.

- constitution of india. articles 12 & 226: [m. karpaga vinayagam, c.j., narendra nath tiwari & d.p.singh, jj] writ petition - maintainability - whether state co-operative milk producers federation ltd., is a state within meaning of article 12 ? - held, from perusal of relevant rules of byelaws, it is clear that state government has no role to play either in policy decision for raising funds for federation or its expenditure and thus have no financial control. further there is nothing to indicate that government has any functional and administrative control over federation. state government has no role to play in matter of appointment of any of officials of federation including managing director. federation is totally independent in all respects and in no way subservient to state government in conduct of its business. federation in no way can be termed as agency of state government and does not come within meaning of article 12 of constitution. writ petitions against federation is not maintainable. order1. this case related to final allocation of cadre under section 72(2) of the bihar re-organization act, 2000. while the petitioner has challenged the final allocation order, has also prayed for a direction on the respondents to correct the final list on the ground that certain irregularities and illegalities have been committed in the matter of allocation of cadre of extremely backward class.2. learned counsel for the petitioner relied on recent guidelines issued by the central government vide memo no. 14/279/ 2004-sr(s) dated 15th september, 2004 and submitted that even after final allocation orders, the state government has been permitted to recommend/change for allocation of cadre on certain grounds.3. though such submission has been made it has not been pointed out as to how the petitioner is covered by the aforesaid guidelines.4. having heard the learned counsel, while this court is not inclined to give any finding on the merits of the case, in absence of detail pleadings, gives liberty to the petitioner to approach the competent authority of the successor state government, if he is able to point out that he is also entitled to the benefits under the aforesaid guidelines dated 15th september, 2004 for re-allocation of cadre on the ground of mutual transfer or spouse's posting.5. if any application for re-allocation of cadre on the ground of mutual transfer or posting of spouse or on any other valid ground is made by the petitioner, the competent authority of the successor state under whom the services of the petitioner has been placed will decide the claim. if it is decided in favour of the petitioner, the authority concerned will for forward the decision to the competent authority of the central government within a period of six weeks from the date of receipt of such representation. thereafter, if any fresh notification under section 72(2) of the bihar re-organization act, 2000 is required to be issued, the central government may issue the same.6. if,.....