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Supreme Court of India 2021-08-19 allowed

PANKAJ KUMAR vs STATE OF JHARKHAND & ORS

Bench: 2 — Ajay Rastogi, Uday Umesh Lalit

In Brief

The Supreme Court clarified the entitlement to reservation benefits following State bifurcation under the Bihar Reorganization Act 2000. Persons whose residence and caste identification existed in unified Bihar remain entitled to reservation in either successor State (Bihar or Jharkhand) where their caste is notified, but cannot claim benefits simultaneously in both. Employees working in Bihar on the appointed date (15 November 2000) in areas becoming Jharkhand retain all reservation privileges in Jharkhand under Sections 73-74 of the Act. The Court set aside the High Court's majority judgment denying these benefits, distinguishing State reorganization from voluntary migration, and reinstated the appellants with notional pay.

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Constitutional Law Reservation Law Scheduled Castes and Scheduled Tribes State Reorganization Public Employment Service Conditions

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