IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/B) No. 42 of 2011 Sunil Kumar Sagar and another …………. Petitioners Versus Union of India and others .…...……. Respondents Present: Mr. Ishwari Dutt Paliwal, Advocate for the petitioners. Mr. B.P.S. Mer, Advocate for respondent No.1. Mr. H.M. Raturi, Standing Counsel for respondent Nos. 2, 5 & 6. Coram : Hon’ble Barin Ghosh, Chief Justice Hon’ble V. K. Bist, Judge Date of Decision : 22.02. 2011 Barin Ghosh, C. J. (Oral) Petitioners are Village Panchayat Development Officers. The posts of Village Panchayat Development Officers are district cadre posts. Before creation of the State of Uttarakhand, petitioners were working at Rampur. They applied for being transferred to Udham Singh Nagar. An employee of a district cadre post can not be transferred out of the district. Considering the request made by the petitioners, the State of Uttar Pradesh agreed to transfer the petitioners from Rampur to Udham Singh Nagar. Subsequent thereto, the State of Uttar Pradesh was bifurcated and while Rampur remained a part of Uttar Pradesh, Udham Singh Nagar became a part of Uttarakhand. After such bifurcation, petitioners were relieved from their posts, which they held at Rampur, in order to honour the transfer order passed by the State of Uttar Pradesh at the request of the petitioners prior to bifurcation of the State of Uttar Pradesh. On the basis of such relieving order, petitioners joined their posts at Udham Singh Nagar. In terms of the Uttar Pradesh Reorganisation Act, 2000, the Central Government is entitled to allocate employees of the State of Uttar Pradesh to the 2 State of Uttarakhand and to the State of Uttar Pradesh. Upon creation of the State of Uttarakhand, by and under the said Act, the Central Government, by an order, declared that employees of district cadre posts shall become employees of those States within whose local territory the district falls. Since the District of Udham Singh Nagar falls within the territory of the State of Uttarakhand, petitioners, being district cadre employees, have been treated to have been allocated to the State of Uttarakhand. 2. In the instant writ petition, petitioners are contending that though the transfer order was made before bifurcation of the State of Uttar Pradesh but the relieving order was passed subsequent thereto and on the basis of the said relieving order, the petitioners cannot be treated to be employees of the District Udham Singh Nagar. We reject the said contention on the part of the petitioners. At their own volition, petitioners became members of the district cadre of District of Udham Singh Nagar. The order to that effect was passed before the State of Uttar Pradesh was bifurcated. The relieving order only entailed what the petitioners wanted and what had been accepted by the State of Uttar Pradesh on the basis of request made by the petitioners prior to its bifurcation. 3. The writ petition is meritless and the same is dismissed. 4. After we dictated the order, learned counsel for the petitioners submitted that before bifurcation, petitioners had made a request to cancel the order of transfer. The fact remains that the said request was not acceded to. The transfer order, made pursuant to agreement of the employer and employee, could not be scuttled by a unilateral request of the employee alone and non-acceptance thereof by the employer. ( V.K. Bist, J. ) ( Barin Ghosh, C.J.) 22.02.2011 P. Singh