HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 487 of 2009 (S/S) HCP 02 Jay Prakash. … Petitioner. Versus Union of India and four others. ……..Respondents. Ms. Prabha Noliyal, Advocate for petitioner. Mrs. Anjali Bhargava, Standing Counsel for Union of India. Mr. H.M. Raturi, Standing Counsel for State of Uttarakhand. Mrs. Beena Pandey, Standing Counsel for State of U.P. Hon’ble V.K. Bist, J. Heard learned counsel for the parties. 2. By means of this writ petition, the petitioner has challenged the order dated 14.05.2004 passed by respondent no. 4 whereby the petitioner has been asked to be relieved for State of U.P. by 18.05.2009. Counsel for the petitioner submitted that the petitioner was initially appointed as Constable at Saharanpur. She further submitted that most of the period of his service the petitioner worked in those districts which falls in the State of Uttarakhand. Learned counsel for the petitioner further submitted that at the time of creation of State of Uttarakhand, the petitioner never opted for State of U.P. and now he is going to be retired on 18th November 2009. Since the petitioner has rendered most of his service in the Hill district of State of U.P. and he resides in district Dehradun, he desires to stay in the State of Uttarakhand for rest of his service period. At present the petitioner is posted at Haridwar at Head Constable. The wards of the petitioner are studying in Dehradun and in case the petitioner is relieved for State of U.P. career of his children will affect adversely. 2 3. During the course of arguments learned counsel for the petitioner confined his prayer that the petitioner may be permitted to move representation before the concerned authority and the concerned authority may be directed to decide the representation sympathetically as the petitioner is due for retirement in the month of November 2009. At this juncture, learned Standing Counsel does not have any objection in case petitioner’s representation is decided by the Competent Authority. 4. The prayer is innocuous. 5. In view of the above, the petitioner is permitted to file representation before the Authority concerned within one week from today and in case representation is filed, the Authority concerned shall decide the same before 20th June 2009. In case representation is filed within one week, the petitioner shall be permitted to work at present place of posting till the disposal of representation or 20.06.2009, whichever is earlier. 6. With these directions, the writ petition is finally disposed of. With no order as to costs. 7. Let a copy of this order shall be given today to the learned counsel for the petitioner on payment of usual charges. (V.K. Bist, J.) 21.05.2009 NCM: