IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/B) No. 88 of 2010 Daleep Singh Nabiyal ……… petitioner. Versus Union of India and others .……. Respondents. Mr. Bhagwat Mehra, Advocate for the petitioner. Mr. B.P.S. Mer, Standing Counsel (Central Govt.) for respondent Nos. 1 and 2. Mr. K.P. Upadhyaya, Addl. Chief Standing Counsel (State of Uttarakhand) for respondent Nos. 3 and 4. Ms. Bina Pandey, Standing Counsel (U.P. Govt.) for respondent Nos. 5 and 6.3 Date of Judgment: 18.09.2010 JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble V.K. Bist, J. BARIN GHOSH, C.J. (ORAL) In the writ petition, the petitioner challenged the final allotment order dated 31st July 2008, whereby the petitioner was allocated to the State of Uttar Pradesh and also the order dated 8th August 2008, whereby the petitioner was relieved from the State of Uttarakhand for joining the State of Uttar Pradesh. It was the contention of the petitioner that he belongs to Scheduled Tribe community, worked in Uttarakhand and opted for Uttarakhand and as such, it was not proper to allocate him finally to the State of Uttar Pradesh. While the writ petition was pending, the final allotment order dated 31st July 2008 was modified by the Central Government and the petitioner has been allocated to the State of Uttarakhand. 2. In such view of the matter, the relieving order dated 8th August 2008 is of no consequence because in view of the altered final allotment order, the petitioner is an employee of the State of Uttarakhand. 3. We, accordingly, dispose of this writ petition by recording what has been recorded above with a request to the State of Uttarakhand to use and 2 utilize the services of the petitioner in the State of Uttarakhand in the manner the State may deem fit and proper. (V.K. Bist, J.) (Barin Ghosh, C.J.) 18.09.2010 18.09.2010 Amit