PRAMOD KUMAR DUBEY Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has filed this petition challenging his order of allocation to the State of Chhattisgarh, Annexure P-1 and also the order of rejection of his representation vide order dated 24/4/2007, Annexure P-2.

(2.) The petitioner was appointed as Assistant Surgeon on 27/5/1982. Subsquently, the post was redesignated as 'Medical Officer'. THE petitioner was placed at Serial No. 2189 in the gradation list of Medical Officers showing the position as on 1/10/2000. In the aforesaid gradation list respondents No. 5 and 6 were placed at Serial No. 2214 and 2215.

(3.) Anew State of Chattisgarh has been carved out after bifurcation of the State of Madhya Pradesh in accordance with the provisions of State Reorganisation Act 2000, hereinafter referred to as the 'Act of2000'. As per section 71 of the Act of 2000 a tentative list with regard to allocation of the employees was published. In the aforesaid list the petitioner was shown to be allocated to the State of Chhattisgarh. Thereafter, the petitioner submitted a representation mentioning in detail that he is senior person and junior persons to the petitioner were retained in the State of Madhya Pradesh. The representation of the petitioner was rejected. Thereafter, the petitioner filed an application before the M.P. State Administrative Tribunal. The Tribunal granted stay in favour of the petitioner. After abolition of the Tribunal, the application was transferred to this Court and registered as W.P. No. 7643/03. However, the matter was compromised between the parties before the Lok Adalat with the following terms of settlement :-