D D DIMRI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) HEARD Shri Akhilesh Kalra, learned counsel for the petitioner and Shri P.M.N. Singh, learned Advocate for respondent No.4.

(2.) THIS writ petition is filed by the petitioner seeking a writ of certiorari to quash the list dated 15.11.2003 issued by State of U.P. allocating the respondent No.4 to state of Uttaranchal. The grievance of the petitioner is, that the respondent No.4 is being placed above the petitioner and he is being considered for promotion in Jal Sansthan. A perusal of the impugned list shows that it is not an allocation under section 73(2) issued by the Government of India, therefore, it is not a final allocation. Sub -section 1 of section 73 provides that other employee of the erstwhile state of U.P. who is posted either in state of Uttaranchal or U.P. after the appointment day, shall be treated to be appointed provisionally.

(3.) THEREFORE , the grievance of the petitioner is pre -mature. However, we made it clear that any promotion made from the tentative seniority list of the officers working in the State Uttaranchal shall he provisional and 3ubject to the final allocation by the Central Government under section 73(2).