GOPAL SINGH RAWAT Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) RULE . Learned counsel for the parties appeared and waived notices. Heard finally with the consent of the parties.

(2.) THIS is a very peculiar kind of writ petition, where an innocuous prayer has been made for quashing the order dated 1 -07 -2004. By that order, the representation of the petitioner Dr. G.S. Rawat has been rejected. In that representation, the relief sought for by the petitioner was in the following terms.

(3.) ITS English translation would be that the order passed by the U.P. Government, Agricultural Department No. 1488/12 -1 -2001 -2558 -2000 dated 4th April, 2001 regarding the allocation of Sri Madan Lal and Sri C.S. Mehra, respondents NO.7 & 8 respectively to Uttaranchal State should be cancelled as the said right to make the final allocation rests with the Government of India under Section 73 of the U.P. Reorganization Act and since, these officers have not opted for the State of Uttaranchal. This representation is also seemingly very innocuous. The real difficulty lies in the fact that the petitioner and the respondents No.7 & 8 were in the same cadre to begin with and admittedly, the respondents No.7 & 8 were promoted to the Class I post w .e. f. 24 -06 -1993 and 17 -08 -1995 respectively. The petitioner, who was a member of the Hill Sub Cadre and was serving in a Class II post, continued to be serving an those dates in his capacity as a Class II officer and therefore, it is obvious that the respondents No. 7 & 8 were seniors to the petitioner in the matter of service as they had walked into Class I service with the dates mentioned above.