IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition. No. 88 of 2006 (S/B) Om Prakash, aged about 35 years S/o Sri Anand Lal At present posted as Assistant Engineer In Provincial Division , Public Works Department Uttarkashi, District Uttarkashi …... Petitioner. Vs 1. Secretary, Ministry of Personnel, Public Grievances & Pension, Government of India, New Delhi 2. The Chairman, State Advisory Committee Gate No. 31, Jawahar Lal Nehru Stadium New Delhi- 110001 3. State of Uttaranchal through its Chief Secretary, Dehradun, District Dehradun 4. Chief Secretary, Government of U.P., Lucknow 5. Member Secretary, State Advisory Committee Government of U.P., Lucknow 6. Member Secretary, State Advisory Committee Government of Uttaranchal, Dehradun District Dehradun 7. State of Uttaranchal through Secretary, Public Works Department Dehradun, District Dehradun 8. State of U.P. through, Secretary, Public Works Department, U.P., Lucknow ..… Respondents. Sri Rakesh Thapliyal, learned counsel for the petitioner. Mrs. Been Pandey, learned Standing Counsel (U.P.) for the respondents Ms. Anjali Bhargava, learned Standing Counsel (Central) for the respondents Hon’ble P.C.Verma, J. Hon’ble B.C. Kanpal, J. By means of this writ petition, the petitioner has prayed of writ of mandamus directing the respondents to treat the petitioner to be allocated to the State of Uttaranchal in view of Section 75 of the U.P. State Reorganization Act, 2000 because on and from the appointed day i.e. 9.11.2000, the petitioner is serving in the affairs of State of Uttaranchal. 2. Brief facts of the case giving rise the present writ petition are that the petitioner was appointed as an Assistant Engineer on the recommendation of U.P. Public Service Commission in the year 1997. After creation of State of Uttaranchal, the options were invited from all the Government Employees for their allocation either to the State of U.P. or to the State of Uttaranchal. The petitioner exercised his option for State of Uttaranchal as he belongs to District Pauri Garhwal. Thereafter, the option of the petitioner as well as other candidates were sent for necessary action on 02.11.2000 to the Deputy Secretary, Public Works Department from the office of Engineer in Chief. After creation of State of Uttaranchal, a Government order was issued on 01.02.2001 by the State of U.P. whereby 204 posts of Assistant Engineers in Civil and Electrical Mechanical were allotted to the State of Uttaranchal. Thereafter, by another Government Order dated 11.07.2001, the State of Uttaranchal restructured the Public Works Department and after restructuring the 204 posts which were allotted to the State of Uttaranchal were reduced to 193 posts of Assistant Engineer. For the purposes of final allocation, the Stat Advisory Committee was constituted for the State Government employees other then All India Service. Thereafter, after the constitution of State Advisory Committee, a meeting was held on 28.4.2001 wherein a decision was taken that if the number of optees are more that the posts available, then the preference should be given to those whose home district is situated in the State of Uttaranchal and if thereafter the posts are available, then the seniority will be the criteria amongst the optees for their allocation. Thereafter, several meeting were held to settle the dispute, but no decision has been taken so far in respect of the petitioner. 3. The relief claimed by the petitioner in the writ petition cannot be granted as from the perusal of Section 75 of the U.P. State of Re-organisation Act, 2000, it is clear that the petitioner cannot claim his allocation as a matter of right for which a writ of mandamus can be issued. The allocation is made under Section 75 of the U.P. State of Re-organisation Act, 2000 and the matter of allocation is still pending with the Government of India. Since the petitioner is working in the State of Uttaranchal prior to the appointed day, therefore, he is serving in the State of Uttaranchal provisionally by virtue of Section 75 of the Re-organization Act. It is open for the State of Uttaranchal to relieve the petitioner for the State of U.P. and it is also clear that till the final allocation under Section 73 of the U.P. Re-organization Act is not made, all the employees shall be the employees of State of U.P, under the U.P. Re-organisation Act, 2000. 4. Thus, the prayer made by the petitioner in the writ petition cannot be granted. The writ petition is devoid of merit and is dismissed accordingly. No order as to costs. (B.C. Ka n d p a l, J .) (P.C.Ver m a , J .) June, 14 2006 ASWAL