STATE OF U.P. Vs. BALESHWAR SINGH

JUDGEMENT

(1.) This is an unfortunate litigation which arises out of bifurcation of the State of Uttar Pradesh into the State of Uttaranchal, which was subsequently renamed as Uttarakhand, and the State of Uttar Pradesh, by virtue of the provisions of the U.P. Reorganization Act, 2000. Interestingly, the bifurcation was given effect exactly 23 years back on 9/11/2000. Today, we have a case of the first respondent - Baleshwar Singh, who was admittedly an employee of the undivided State of Uttar Pradesh and who has been deprived of salary for a considerable long time and retiral benefits though there was no fault on his part.

(2.) In September, 2008, letters were issued by the respective Governments relieving the first respondent - Baleshwar Singh and the third respondent - Mahendra Pratap Singh. The first respondent - Baleshwar Singh accordingly joined duty in the State of Uttarakhand on 30/9/2008. Then came a decision of the High Court of Uttarakhand on 26/7/2010. As a result of the said order, the policy of the mutual transfer was set at naught.

(3.) As a result of which, the first respondent - Baleshwar Singh made an application to the State of Uttarakhand to relieve him from duty. On 5/4/2011, the State of Uttarakhand directed the first respondent - Baleshwar Singh to resume his duty in the reconstituted State of Uttar Pradesh and a similar direction was issued to the third respondent - Mahendra Pratap Singh to resume duty in the State of Uttarakhand. The third respondent - Mahendra Pratap Singh by filing a writ petition, challenged the said order in which the Allahabad High Court on 15/4/2011 stayed the order dtd. 5/4/2011. This compelled the first respondent - Baleshwar Singh to file a writ petition. We may note here that in the petition filed by the third respondent - Mahendra Pratap Singh, on 28/5/2012, the Allahabad High Court passed the following order: