PAWAN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner was appointed as an Agronomist/Soil Conservation Officer in the year 1981 on selection by the U.P. Public Service Commission, Allahabad through the Combined State Services Examination 1979. He was promoted and posted as Project Officer (Agriculture) Nainital w.e.f. 1.1.2000. During his service, he opted for the Hill Sub-cadre constituted for the agriculture department in pursuance to the Government Order dated 23.3.1982.

(2.) In accordance with the U.P. Reorganization Act, 2000 (hereinafter referred as Act) a new State Uttrakhand (previously Uttaranchal) was constituted comprising 13 districts of the erstwhile State of of U.P. On the creation of the new State of Uttrakhand options were invited from the employees of the State of U.P. as to whether they would like to remain in service in the State of U.P. or would prefer services in the new State of Uttrakhand. The Petitioner submitted option on 8.10.2000 for remaining in the State of U.P. on account of his heart ailment. A fresh option on demand, to the same effect was submitted by him on 2.11.2000. However, the Reorganization Commissioner, Uttrakhand vide orders dated 4.4.2001 and 5.5.2001 notified that the State Advisory Committee has recommended that all the employees working in the Hill Sub-cadre be allocated the services of new State of Uttrakhand. It was followed by a similar order dated 10.5.2001 and on that basis Additional Director Agriculture and Soil Conservation, Government of Uttrakhand issued an order dated 21.5.2001 to the effect that the options of the employees of the Hill sub-cadre, who have opted to remain in the State of U.P. have been rejected. These orders have been impugned by the Petitioner in the present writ petition with the further prayer that a suitable direction be issued to the Respondents to absorb him as a Class-1 employee in the Agriculture Department of the State of U.P.

(3.) It is not disputed that the Petitioner had previously opted for the U.P. Hill sub-cadre and he had remained posted in the hill area. Even today he is posted and working in the State of Uttrakhand.