JAGDISH PRASAD CHAHAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE ultimate relieving order, whereby the petitioners have been relieved from the services of the State of Uttarakhand in order to enable them to join the services of the State of Uttar Pradesh, has been passed by a person, who has been allocated to the State of Uttar Pradesh much prior to passing of said relieving order. Merely because the person concerned has not yet been relieved or that his relieving order has been stayed by an incompetent person, is no reason to hold that the person concerned was competent to pass the impugned relieving order. THE conclusion thereof would be that the relieving order was passed by a person incompetent to relieve the petitioners. THE relieving order is accordingly quashed.

(2.) THE learned counsel for the State submits that impugned relieving order was merely a communication of the relieving order, which has been passed by the Director General. If that be so, the Director General must take steps to relieve all those people, who should be relieved for they have been finally allocated to the State of Uttar Pradesh by one single order and direct an officer of the State of Uttarakhand allocated to it and competent to communicate such order to communicate the same to the persons to be relieved. With the observations as aforesaid, the writ petition is disposed of.