IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/B) No.107 of 2011 Smt. Sarswati Devi and another ………….. Petitioners Versus Union of India Public Grievances and Pension (Personnel), New Delhi & others ……………. Respondents Present: Mr. Sanjay Raturi, Advocate for the petitioners. Mr. T.A. Khan, Advocate for respondent No.1. Mr. J.P. Joshi, Chief Standing Counsel (State of Uttarakhand) for respondent Nos. 2 & 3. Ms. Beena Pande, Standing Counsel (State of U.P.) for respondent No.5. Coram : Hon’ble Barin Ghosh, Chief Justice Hon’ble Servesh Kumar Gupta, Judge Date: 24th May, 2011 JUDGMENT Barin Ghosh, C.J. (Oral) The policy of the Union of India adopted in the matter of allocating the employees of the State of Uttar Pradesh in between the State of Uttar Pradesh and the new State of Uttarakhand provides amongst other that a woman employee of the State of Uttar Pradesh, if opting for a particular State that option shall be honoured. In the instant case, the petitioners are women and both of them have opted for the State of Uttarakhand. In the circumstances, in accordance with the policy of the Government of India, the petitioners could not be allocated to the State of Uttar Pradesh. In the circumstances, we are setting aside the allocation order of the petitioners and requesting the Government of India to re-consider the options of the petitioners in the light of the policy of the Union of India, inter alia, to the effect that the options given by the women employees of the State of Uttar Pradesh will be honoured. Until such time the Central Government does not take its decision, on the directions, as above, the petitioners shall remain posted at the same 2 posts at which they are presently posted. This order, however, shall not prevent the State of Uttarakhand to transfer the petitioners if the petitioners are holding transferable posts, but in accordance with the policy of transfer adopted by the State of Uttarakhand. 2. The writ petition is disposed of. (Servesh Kumar Gupta, J.) ( Barin Ghosh, C.J.) 24.05.2011 24.05.2011 P. Singh