SYED SHAHID ALI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE petitioner, a Government of Uttar Pradesh employee, remained a Government of Uttar Pradesh employee even after bifurcation of the State of Uttar Pradesh. In terms of the mandate contained in the Uttar Pradesh Reorganisation Act, 2000 (hereinafter referred to as the said "Act"), the Central Government was required to allocate some of the employees of the State of Uttar Pradesh to the State of Uttarakhand created by and under the said Act. THE Central Government decided that whichever employee belonging to the State of Uttar Pradesh was in the hill sub-cadre, would stand allocated to the State of Uttarakhand. THE Central Government, accordingly, passed an order to that effect as far back as on 11.09.2001.

(2.) PETITIONER contends that he, having had opted for hill sub-cadre, stands allocated to the State of Uttarakhand in terms of the afore- mentioned final allocation order made by the Central Government. The State of Uttarakhand disputes the same. It contends that in the seniority list of hill sub-cadre, working in the Food and Civil Supplies Department, the name of the petitioner did not figure and, accordingly, he was not a member of the hill sub-cadre. PETITIONER has brought on record the option exercised by him to switch over to the hill sub-cadre and acceptance thereof by the officer of the State of Uttar Pradesh, who was competent to accept such option. In that background and taking note of the fact that by exercise of option alone, without there being an acceptance of such option, an employee opting for hill sub-cadre would become a member of hill sub-cadre and the stand taken by the Central Government in its affidavit filed in this proceeding to the effect that the Central Government proceeded on the basis that the petitioner belongs to hill sub-cadre and, accordingly, finally allocated him to the State of Uttarakhand, we conclude the matter and allow the writ petition by directing the State of Uttarakhand to treat the petitioner to have been finally allocated to it.