HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition no. 1051 (S/S) 2005 1. Gautam Kumar Srivastava, S/o Late Vidhya Lal Srivastava, At present working as Lab Technician, B.D. Pandey Hospital, Nainital, 2. Mohd. Arif S/o Sri Saukat Ali, At Present working as Lab Technician, District Leprosy Officer, Nainital, 3. Hafiz-ur-rahman S/o Sri Syed-ur-rahman, At present working as Lab Technician, District Hospital Gopeshwar, Chamoli. ------Petitioners. Vs. 1. State of Uttaranchal through Secretary Medical Health & Family Welfare, Uttaranchal Sashan, Dehradun, 2. Director General, Medical Health & Family Welfare, Directorate Chandra Nagar, Dehradun, 3. State of U.P. through Secretary, Medical Health & Family Welfare, U.P. Sashan, Lucknow, 4. Director General, Medical Health & Family Welfare, Directorate, U.P. Lucknow. ------Respondents. Sri M.C. Kandpal, learned Senior Counsel assisted by Sri S.S. Chaudhary, Adv. for the petitioners. Learned Standing Counsel for State of Uttaranchal &, Smt. Beena Pandey, learned Standing Counsel for State of U.P. Hon’ble M.M. Ghildiyal, J. Heard Sri M.C. Kandpal, learned Senior Counsel for the petitioners, learned Standing Counsel for State of Uttaranchal/ respondent no. 1 & 2 and Smt. Beena Pandey, learned Standing Counsel for State of U.P. /respondent no. 3 & 4. 2 By means of this writ petition, the petitioners have prayed to issue a writ, order or direction in the nature of mandamus commanding the respondent no. 1 & 2 to relieve the petitioners for State of U.P. on the basis of the options and allotment list dated 05.10.2001 issued by the Secretary, Medical Health & Family Welfare, Uttaranchal Sashan, Dehradun. The petitioners, who are working as Lab Technicians at B.D. Pandey Hospital Nainital, District Leprosy Office Nainital and District Hospital Gopeshwar, Chamoli respectively, have submitted that they have exercised their options for State of Uttar Pradesh as they are permanent residents of State of U.P. The Department of Medical Health & Family Welfare, Uttaranchal, Dehradun on 05.10.2001 has issued a letter to the Reorganization Commissioner, Govt. of Uttaranchal, Dehradun with the request to relieve the Lab Technicians, which are 92 in numbers, for State of U.P. keeping in view that the employee who have been enrolled in the list, have not opted Hill Sub- Cadre. Further, they have opted for State of U.P. Learned Senior Counsel has contended that most of the persons whose names find place in the list, have been relieved for State of U.P. however, the petitioners have not been relieved for State of U.P. Counsel for the petitioners has further submitted that the petitioners have already filed their representations to the Secretary/ Director general of Medical Health & Family Welfare, Govt. of Uttaranchal, Dehradun on 20.12.2004, 28.06.2005 and 04.05.2005 respectively; which are annexed as annexure nos. 6a, 6b and 6c to the writ petition. In view of the above circumstances, the respondents are directed that in case, the petitioners have been finally allocated to the State of U.P., they shall be relieved forthwith to the State of U.P. and in case, their allocation has yet not been finalized in that condition necessary steps may be taken in regard to the 3 final allocation of the petitioners and thereafter relieving them to the State of U.P. The whole exercise may be concluded, at any rate, within a period of six weeks from the date of receipt of a certified copy of this order. With these directions, the writ petition is finally disposed of. (M.M. Ghildiyal, J.) July 28, 2005: NCM: