MOHAN CHANDRA JOSHI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. B.S. Adhikari, learned counsel for the petitioner, Ms. Monika Pant, learned Standing Counsel for the Union of India, Ms. Bina Pande, learned Standing Counsel for the State of Uttar Pradesh and Mr. Pradeep Joshi, learned Standing Counsel for the State of Uttarakhand.

(2.) The jurisdiction of this Court, under Article 226 of the Constitution of India, has been invoked seeking a writ of certiorari to quash the order dated 28.06.2018; and a writ of mandamus directing the respondents to allocate the petitioner finally to the State of Uttarakhand, and permit him to join in District Almora or the adjacent districts of the State of Uttarakhand.

(3.) Facts, to the limited extent necessary, are that the petitioner claims to be a permanent resident of Almora District in the State of Uttarakhand having a permanent residence at Chaper Village, Patti Dhuraphat, Ranikhet Tehsil, District Almora. His wife is stated to be working as a teacher at the Kendriya Vidyalaya, Ranikhet in Almora District. The petitioner was initially appointed, as a draftsman, at the District Rural Development Agency, Pilibhit (U.P.) on 13.02.1995. After creation of the State of Uttarakhand on 09.11.2000, the petitioner, like many other employees, exercised his option for the State of Uttarakhand both on the ground that he is a permanent resident of Uttarakhand, and that his wife is working at Almora. The petitioner's application, for allocation to the State of Uttarakhand, was forwarded by the Project Director, to the Commissioner Gram Vikas, Uttar Pradesh, on 01.03.2001. However, there appears to have been some delay in forwarding the petitioner's application, for allotment to the State of Uttarakhand, by the Government of Uttar Pradesh. The petitioner continues to work as a draftsman, at Pilibhit in the State of U.P., till date.