X1—HC-22 5 Mw W’cnwi 281412003 Partle's as before Urder passed slgned aqd dated bmce common orders h order b6 placcd in the record t, cauSe title. of memo of petitic the copy of this order in each: ¢ sdl- Fakhruddin Judge {eaata ave been passed, a copy of this )f ali the connected matters and ns ,may be annexed along with case. AR. {J)W. n.” ....w Wummm ‘ § I & 1 I ; . ')l Thls batch of petmD been tiled bv the peunoner pursuant t6 ‘thc crcatlo afés undcr thc M P Statc R :p ernment. It ‘1 contended ct and policyzfrémed by 211d or at the behest of the Cent Government, options were 1 allocation has been made e petitions have been tiled :‘bef01e thie Court Manning rehe s mentloned therem 2. Learned COLmsel for all th petmoners stated at the Ba] that in the present bawh of pe ‘tions, 01‘ in the ei‘vice of Vidhan Sabha, They is in judiciai service all are empl said departmc at motion hearing and they ai being heard analogously with invited. It is submitted that. ’ and aggneved bx the same ( none of the petitloners ”r, (wees of the depai ments other than the above ms It is also st .ed that some cases are listed matey ns s onf t eorganization Act 200 . The uues relate to the allocation of the employees of the State; that under the promsmns of v $ A r 1‘ a s ‘ XL—HC-zi consent of the. parti6s finally; and the achmwledgeme hat Cientral Government has 3. Shm‘cMumuy submitted 1 tiled the rcturn in WP No. 2S 53/’é002 and prayed that thc ‘ . same be adgpted’ in all com ected eases, which was n0t opposed and allowed. ‘al, Dy. Advocate 'Gen'eral, 4. Shri Salljay ‘ K. Agra“ submitted that State has filed d etailed return in Writ Petitions No.2215/02 (Dr. R;K. Tiwari vs State), :No. 2547/02 (Bimnrao vs. Union of India) and No:24,2'7/02 (Shiva ShaJ‘aJi Shanna V7 ,m.‘ 1. , H . vs. Union of India). He furthe t / . which was not opposed and adopted in other cases also, allowed. During the course ofai‘gu inents, counsel for some of the petilioners submitted that the} ’ have filed the synopsis. Ti‘iey mm De Iakmi/'Iiied ,fragged. , -' - ‘ v ‘ ghasf‘ been obtained i as copies have been supplied 1 {1. i‘ submitted that the same be WéW XIrHC-zi I 6. Counsel fora thepetitior efs pointed out :thar in some ‘ ’ ,>L W.- $ ’ working in the Gojvt. / Semi V :"gca‘ses, their spOuses aré he‘smte Whereas they have bccn allocatcdto énothcr Sta I and in that vicw gof thc mattcr; ‘‘they pray that thiey shoul abeex‘i‘allocateé to; the same State-where their spouses working. 1t is silbmitted that reorgani7ation of the $tate, i in separate State, has re ulted in automatic judiciaJ separation causing disturban c in their family lifc, especially parLing company of children dparenLs. It is submiLLedihaL while-”deciding the allocation 'atter, this aspect has not been tive and there is need to reconsider the same. Their ca es should also be considered. " It is contended that p0 ting of serving spouses in the Corporation Local bodies, considered in proper prosp porate offices, organizations and insnturions is also a C S of spouses who desewe the same r‘misideration. 'l‘hey C01 ended that they are sewing— in {new s“mee . A far as they have been posted I i d v }. 1 c r l o n not onlv manpower but mav a1 o create econonnc cnses and ,‘aifect the nauonal growm > constdered 3 8. It 1s subuntte that dun he mtervemng pemod some persons have leured 01 nearmg 16 age of Ieurement, year i.c. upto 31“'.Octobcr, 3’ They subunt that their at there is 110 difl‘lculu in appottioni/nent of. retiral bene at the earliest and may settle t heir cases may also be consid ‘ed. an‘ he counsel for the petitioners there are Other cases where ' that besides the caees ofsbous , tlnal allocation needs f ther 'Consideration arid . ovt. jabs were got, availawe . , ' that in case they are" not say thw 2 cases may be considered so fl 4‘ 1 l and they may get the same D selves in their home town. J ,,.. 9. It is further 5L1bmitted by e {§§W 1 G t ‘ i ’ f \ I d n t ‘ )O-HC-22 Wam wmw# ¥ ' r *wm rveconsiderarion and categorierz H Re mamjage of parties after po‘n, mutual cases, bonatigZqLLresidence, non-calling of tion etc. 'Which have been men’tioned by the pe ir mspcctiVc pctitjons. some persons‘who have . ¥ married in between as their marriage was eanlier settled has raken place after the a pointed day Le. VLli-QOOO u'tioners in i ms commnded mm thcr IL is poimed out LhaL emplo ees have applied [01' 1 .V nder the provisions of scheme nd the few cases of mutual locatibns have been consid (1 whereas cases of the It is e rthcr submitted that the mut u u Ciallx‘ in those cases where e persons applying l‘or mutual llocatlon (lo not disturb the mutual tual allocation is possible i I ' e titioners have been rejected/n t properly considereda adjus (.ment is permissible V may be considered and e d s x h ‘p p c ' ;- g e; n d * u g seniority or ofherwise affecting the Sfate excheqner. It is rhm nployeesJjke change of option rsdns haw: not been givcn payticularEState but are given another‘State and unde 'the'policy they are entitled to be givexi the plate "of their, choice] Their cases may be i reconsider in accérdance with the‘policy' and if it is possible, they niay'bc given the place o thcfr choice. 13. During. dictation, it 'also submiLLed by S/Shii 4 r, Prashant Mism‘a, Rajeev x Slirivastava, Awadh Tripath Sandeep Dubey and Sim. I Hameeda Siddique that in the batch, there are some cases of them where the employees have V changed their options , because of the compelling circumstances mentioned therein. 14. It. mav be noned that manv of these matters have been heard on earlier dates. However, detailed arguments were H... ir Manindija Shiivastava, P. Di. a (@ifaa' " a )GvHC~22 1 advanced on 23f4~2003 but‘mmm not be conchmed tiH rising bf the CouttgJw’d iitWas stated that the Advocate General of I the State of Chhattlsgarh Shn Ravindrh Shrivastava and the ' ‘ Advocatc Gcncral of th S tc MIP. Shri V.K.Tankha would ’ctive states. Shn‘ Murmy, learned oounsel fof tho Union lndia was given time to seek defmlte mst: uctlonsix om the D zector (S R ) concemied on the quesuons ralsed espec1allv 1e ardmg cons1derat1on of the [ ,rcprcocntations and the mattox wcrc directed to bc listed for batch of Lhcse casc-s haw: ants havo been heard ar I , - address :o‘ an‘i wh ° a hcau‘ug on 24—4—2003, Lhcrcf V Deon lisged accordingW- A ¥ N , I; , ' \ g extentio. 15. Shn’ Ravindra Sl‘n‘ivasta learned Advocate Gex’leral of v , N the Stem: bi‘ Chl'xmlisgarh a 'Shri VIE. Tankho, learned Advocatc Gmicral of tho Stan: 0 MP. submiitéd that $0 fax a> me allocation undor (he Drovisi 11s of mo Mi? Reorganisanon ACT 2000 is concernod, me p0\ 631‘ is vested with Il1€~ (‘mmm {@ééfwii ; ’e I ' m r n Govt. and yhe role of the re£?1)ective‘State governments is to aid and assist fhe CentraILtGovti. and provide ‘th'egieq'uisi-te information It is submitted ‘ihat they have done so and would do so as and when rcquimd by the Ccntral Govt. or-a_s duooted by thisCourt. lb. sections '68, 69, ‘70, 71 below: — r , > So far as provisions ting to servicesare Concerned, 72 aye relevant hn'd quoted ( w ' § “68. Provisions rclat to servicos in Madhva Pyadcsh and Chhattisgarh—(1_) very person who immediately before Lhe appointed. ay is serving in connection wiLh the affairs of the exis dg State of Madhya Praesh shall, ovisjonally continue to some m connection with the ffairs of the State of Madhxa Pradesh unless he is required, by general or speciai p on and from that day order of the Centra1 ermnent to serve provisionaih with the affairs ofi the State of Provided that no dire ‘tion shed} be issued under this section after the exp of one year from the appomted dew. 7 ’ in coi‘inection Chhamsgarn: (2) As soon as 111a}. be after the appointed day, the Central Govt. shall b\' general or special order determine the succes '3or State to which everytpel‘SOn referred to in sub—sec ion ( 1) shall be finally allotted for with effect from which such. service and the da t [€3im r a d ? ju E a r 'v n X1—HC522 ia §§§§ (3) Every é person w provisions qf ‘Sub—secti if he is not already Se sewing in the successor agreed upon between t default of such agreeme Ccntrai Govcrnmcnt. 69.Provisions relati this sectionvor section after the appointed day of Chapter I of Part XIV determinatiori of the sewing in connection any State : person deemed to have been allocated to the State of Madhya Pradesh or to the State of Chhattisgarh under except with the previous'of the Central Government. {2) All services prior to 1 person— (a) if he is deem State under section (38 rendered in oonnec Lion (b) if he is deemed to h in connection With Chhattisgm‘h shall be t cm‘inection with The ai‘i‘ fox the purposes of the service. {3; The provisions of relation to members of 7H. Provisions as lo c M— (l) Even: persoi Provided that. the co “immediately before the is finally allotted under the ’(2) to a successor State shall, therein be made available for ate from such date as may be Governments concerned or in t, as may be determined by the other servicesll) Nothing in Shall be deemed£to affecz on or he operation ofthe provisions 1' the Constitution in relation to nditions of serviceof persons th the affairs of the Union or ditions of service applicable ppointed day in the case of any Dev vaiied to his disadvantage Section 68 shall not .he appointed day rendered Dy a ed to have been allocated to any shall be deemed to have heen with the affairs of that State; ave been allocated to the Union the administration oi‘ the eenied to have been renderml in airs 01‘ the Union, t 'ules regulating his conditions of Section 68. shall not applr in any All lndia Service. antinuance of officers in, some i who. immediately before thr- WW h o ’ n 6 g t t h ' i XX—HC-22 3.a ;gr§é appointed day is holding or discharging duties of any post or ’offlcc in Connc ‘on with tho aifahs of the existing State of Madhya adesh in any area which on that day falls within any of the-,successor‘States shall continue to hold the e post or office in that successor State; and s bedeemed, on and from that day, to have bccn duly a1 nied to the post or office by the Government of, or other appropriate authority in, that successOrState :v I Provided that nothing in Section shall be deemed to prevent a competent hority, on and from the appointed day,’ from pass ng in relation tot-such person any order affecting the ontinuance in such post or ”office. 1 (a) the discharge of any of functions under this Part; and ' " (b) the ensuring of fair persons affected by the 1 71. Advisoxy Committees— e Central Government may, by order establish .one or ore Advisory Committees for the purpose of assisting it i1 regard to— s equitable treatment to all ovisions of this Part and the proper consideration of y representations made by such persons. 72. Power of Central Gover ment to- give directions- The Central Government may, gi 'e such directions to the State Governmenl or M adlna Prad .sh and the State Goveminem of Chliattisgarh as may app lr to it to be necessary for the purpose of giving effect to t e‘i‘oregoing provisions of this Part and the State Govern 1cm shall comply with such directions,” [new h ) i 's t ‘ ' xx-Hc—zz' , 'bifurcation of the State -o M.P;, thereforé, the policy guidelines were framed sep ate vide Annexures—R/ 1, R/2 ‘ and R/5. Statc of Chhattis arh‘ came into cxistcncc on 1/1 l/QOOO. The GOVCmment’ of India-l in exercise of powers conferred under Section 71 o.‘ the M.P. Reorganization Act, 2000 constituted a committee by order dated January 1, 2001 under Choirmanship oi Shri N.B. Lohaxin' with other I members, which is popularly known ,as Lohani Committee. It. is ful‘Lher submiLLed that ILaLLeI‘s of alloeaLion of about. 1.62/{6 1 ,‘empioyees of 9i depmments were dealt with. First provisional allocations were wade. In the said provisional ‘x al1ocation. (:ei‘iaii‘i names cook! not find place. Then the Central Goveri’imcm decided to intim‘luoe a tentative final allocation list covering all pmsonnel and tentativclx informing them Oi“ their proposed allocation to one or the mlier successor State and invi‘ ing representations from them V. l [vieW m 1 mas: W mwawm - mmm t am win $ 17. Ir. is submitted by Shri M Ifthy that There was process of ‘XI-Hc—2i ”‘-‘— /, mm mw“”° : ‘ fa?“ im mm“, wu‘fg‘amm . I y against the same. Therefore, 8692 aggrieved persmmel made ’ ‘ Committee. the representations {beforenhe- State Advisdry Committee. exatllhled by the concerned 3 These representations were for . iv depanmcnt and they were oxWarded to the committee consideration and 4O 14 rep Vescntations were accepted and the Claims of about 467 were rejected. The Central Government considered t1 e request of State Advisory Committee and decided to locate ‘2 19 excess optees, whose reprcecntations 'worc l-ccci ed to the succcssor State of 1‘ ChhaLLisgal‘h, in lieu of IVER. as recommended by Lhe said / ‘ ' committee. It is further submitted that in addition to above / ‘ '2 1N9 excess optees, 43 additicnal cases were considered by the Central Government. It is also submitted that the Central 1k Go'v'ei‘i’iment has <' one its bCSt under the circumsim‘icms and 1 then: is. no pyeiudiee against any person. ‘ 18. Sim Mining appearirg for the Union of India fairly l stated and submitted tn T t if the representations au— , [View XI-HC-22 documents and Copy of rhp submitted duly supported by petitions and annexures flledgv the Central. Government would consider the samcf, afresh. 1t is submitted that the Policy which has becn franlcd is afi duc considcration and thc 19. ‘ It 1s contended that fz‘ envisages a decieion, which Reliance has been placed on a Court in the case of State of M y 1~e1mméE1:’in AIR 1’981 SC 1990. hat Section 71 of the M‘P. 20. IL i5 pertinent tu mute l Reorgamzatlon AC1 gout) caste a duty on Central Government "What 1x ensured is fair and equitable treatment to all persc 11$ affected by the provieions of Pan Vlll and the proper c01‘1sideration of arn ‘d’ in‘ accordance with the v representatidns will. be deci' prOvisions of law and the policies framed. ur and equitable treatment 'S fair and equitable to all. r decision of the Hon’ble Apex 3113.1 ashtla vs Chandi‘akant, enshrined under 1116: maid Act representations made by such 11er50n. lt is for the Central [wigW Government. to ensure fair $nd equitahle treatmem m all persons affected by the rele t provisions of téhe part VIII of t 2000 and the proper considcration of any rcprcsc nations made by Such pcrsons. es this court-would like to i G'OVCI‘IHB6Ht 1S not €XhauSt€d megely by laying down c1 teria for final allounent but is coxilpleted, all problems, doubts resolved ahd all l'cpl‘c ontations considered. the MP. Reorganization Undor thé facts and Circum observe that power of Centr Continues till entire ’ proces '21. Having thus considerea the facts and circumstances of ements made by the counsel on behalf of the parties, in tl e opinion of this Court, emls of oppo‘rmnm‘ is given to 1m those who sire, To make a detailed representation raising their g 'ievences along with documents to the Central Governmei‘u addressed to the Government ol" India, Department of I the > case ’ -’ 811a A 1 in ‘ ' View .t _ olc the Justice will be served 11‘ :1 petitioners, on or before IOV“ May 20 (- Mmaaraa XI-H022 v 1 c C t l 1 ( Lstrv bf Personal, Public ak Bhawan, Khan Malket Same copy of the Personal and Trammg, comments and the fequ‘isite info nation ahd’com1§lete details Within 3O days, in drder to enab e the Central Govexnment to decide thegrepresentation. Itds pen to the Central Govt. Lo ‘0111 the State Governments made from the Central QO supply the salne Government; the State Govern lentg will On such a reprsenlation being made. the expedi tiously . Central Governmem shall eons 'ler and decide the same as 2008 by earir a3 possible prefera ‘ before 3 1N JULY, e seek Sixth] furthel: information and on Such lequlsmon be} g appropriate orders. New XI-HC—22 “mu... ....-.... ' . . ‘ I . 17 )EI-HC—n "- 3am, m, faamgt . mm....,...i:.:...:..::.:7f.7 W m I ..L ...................... w.....;.u..... .................................... j m XI-HC»2 2 m _ 17 200g 31W wp uric-22 and his collgaagues, Shri'V ' Counsel for Union of India, a1 kcf Whom assisted the Court in arriving broad consensusin a Ccrtiiicd copv to' thc 1 mcorporatlon of th€ amendme h the States & counsel f01 Copv to State counsel V.S. Mgrthy, Addl. Standing I l matter hke thls )ct1 oncra/thcu‘ counsel aftex nt 1f dlrected ea1 her Union 0t Ind1a free 01 costior forwardmg 1t to respecuve Sdl- r Fakhruddin 17 /‘./Judgea 7v i [Yii3ifai 19 Governments for compliance, ‘ etc t