I.R SHARMA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THE petitioners are officiating Deputy Directors in the Ayurveda and Unani Department of the Government of Uttaranchal. They were employees of the erstwhile State of U.R On bifur­cation of the State of U.R and creation of the State of Uttaranchal, the petition­ers opted for the State of Uttaranchal. But the names of the petitioners are not included in the Final Allocation list of officials allotted to the State of Uttaranchal.

(2.) LEARNED counsel for the petition­ers submits that the first petitioner is due to retire from service on superan­nuation on 28.02.06 and the second petitioner is due to retire from service on superannuation on 31.08.07. It is contended that there is no justification for excluding the names of the petition­ers from the Final Allocation List of officers allotted to the State of Uttaranchal Learned counsel for the petitioners further submits that the pe­titioners may be permitted to make rep­resentations to the sixth respondents against the exclusion of their names from the Final Allocation list and the sixth respondent may be directed to consider and pass appropriate orders on such representations and till the dis­posal of the representations, the peti­tioners may not be relieved from the services of the Government of Uttaranchal. It is also contended by the learned counsel for the petitioners that many posts of Ayurveda Doctors are lying vacant in the State of. Uttaranchal and that there is need for many Ayurveda Doctors in the State of Uttaranchal.

(3.) HAVING heard learned counsel for the parties and having perused the materials placed on record, we are of the view that the petitioners should be given an opportunity to make represen­tations to the sixth respondent and till the disposal of the representations, they should be allowed to continue in the service of' the Government of Uttaranchal.