AJAY KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioner seeks a writ of certiorari to quash the impugned order dtd. 18/12/2013 passed by the first respondent; a writ of mandamus commanding directing the first respondent to allocate the petitioner to the State of Uttar Pradesh; and a writ of mandamus commanding directing the second respondent to relieve the petitioner for the State of Uttar Pradesh.

(2.) Facts, to the limited extent necessary, are that the petitioner was appointed to the post of Assistant Agriculture Engineer, Pauri on 16/11/1999, in the Department of Agriculture, in the erstwhile State of Uttar Pradesh vide Notification dtd. 16/11/1999. He was allotted to the State of Uttarakhand. On the ground that persons similarly situated to him i.e. Sri Anil Kumar Yadav, Km. Smita Verma, Sri Ajeet Kumar Sachan and Sri Balram were later re- allocated to the State of Uttar Pradesh, the petitioner requested the first respondent to allot him also to the State of Uttar Pradesh. On his request being rejected, by the order impugned in the writ petition, the petitioner has invoked the jurisdiction of this Court.

(3.) Consequent upon creation of the State of Uttaranchal (now State of Uttarakhand), in terms of Sec. 3 of the Uttar Pradesh Reorganisation Act, 2000 (for short 'the 2000 Act'), employees, working in the erstwhile State of Uttar Pradesh, were required to be allocated between the States of Uttar Pradesh and Uttarakhand. Part-VIII of the 2000 Act contains the provisions as to services. While Sec. 72 of the 2000 Act contains provisions relating to All India Services, Sec. 73 contains provisions relating to other services. Sec. 73 (2) of the 2000 Act stipulates that, as soon as may be after the appointed day, the Central Government shall, by general or special order, determine the successor State to which every person, referred to in sub-sec. (1), shall be finally allotted for service and the date with effect from which such allotment shall take effect or be deemed to have taken effect. Sec. 73 (3) of the 2000 Act provides that every person, who is finally allotted under the provisions of sub-sec. (2) to a successor State, shall, if he is not already serving therein, be made available for serving in the successor State from such date as may be agreed upon between the Governments concerned or, in default of such agreement, as may be determined by the Central Government.