In Brief
This case examines the rights of a Scheduled Tribe government employee following state reorganization. Akhilesh Prasad was appointed in the ST (Gond) category in undivided Bihar in 1995 and allocated to Jharkhand after the 2000 bifurcation. When he failed to gain selection in a limited departmental examination for Deputy Collector posts in 2013, the respondents rejected his reserved category claim, citing a requirement for a fresh caste certificate from Jharkhand authorities. The Supreme Court held that employees allocated to successor States retain their reserved category status and benefits under Sections 73–74 of the Bihar Reorganization Act. Limited departmental examination is a promotional avenue for in-service employees, not direct recruitment. The Court allowed his appeal and directed reconsideration of his candidature on reserved category basis, relying on statutory protections that prevent service conditions from being varied to an employee's disadvantage after reorganization.
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