COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) 57/2002 Keshav Chandra Dhasmana & Others …….Petitioners Versus State of Uttaranchal & Others …….Respondents Sri V.K. Bist, learned Sr. Advocate assisted by Smt. Seema Sirohi, learned Counsel for the petitioners. Sri H.M. Raturi, learned Standing Counsel for the respondent no. 1 to 4. Sri S.P.S. Panwar, learned Additional Chief Standing Counsel for the respondent no. 5 & 6. 15th July, 2008 Hon’ble P.C. Verma, J. By means of this writ petition, the petitioners have challenged the order dated 1.2.2002, contained in Annexure No. 7 to the writ petition, whereby petitioners have been repatriated to their parent department. 2. Facts, in brief, are that the petitioner no. 1 to 3 were initially appointed as Draftsman in May 1989 and May 1988 and petitioner no. 4 and 5 were appointed as Mali/Chaukidar in July 1989 and September 1981 respectively and were posted at different regions in Uttar Pradesh, viz., Varanasi Region, Meerut Region and Moradabad Region. The then Principal Chief Conservator of Forest, U.P., Lucknow vide his order dated 16.12.1998 transferred the petitioners under the Chief Project Director, Water Management Directorate, Uttaranchal, Dehradun on the basis of the petitioners’ option to work in the Hill-Sub-Cadre of the then State of U.P. Principal 2 Chief Conservator of Forest, U.P. vide his order dated 12.3.1999 clarified that the lien of the optees of Uttarakhand Sub-Cadre will be in Uttaranchal Sub- Cadre in case of the adjustment of the said Sub-Cadre otherwise the lien shall remain in the original cadre. Thereafter vide the impugned order dated 1.2.2002, the petitioners were reverted back to place of their original posting. 3. A perusal of the order of the Chief Conservator of Forest, U.P. dated 16.1.1998 reveals that the petitioners were transferred and posted under Water Management Directorate, Uttaranchal in public interest and after the due concurrence of the Government. 4. On the appointed day, the petitioners were working in the State of Uttarakhand. Section 75 of the U.P. Reorganization Act, 2000 provides that every person holding or discharging the duties of any post in any area, immediately before the appointed day, which on that day falls within any of the successor States shall continue to hold the same post or office in that successor State and shall be deemed, on and from that day, to have been duly appointed to the post or office by the Government of that State or by any other appropriate authority in that successor State. Section 75 of the U.P. Reorganization Act is reproduced as under: “75. Provisions as to continuance of officers in same post.—(1) Every person who, immediately before the appointed day, is holding or discharging the duties of any post or office in connection with the affairs of the existing State of Uttar Pradesh in any 3 area which on that day falls within any of the successor States shall continue to hold the same post or office in that successor State, and shall be deemed, on and from that day, to have been duly appointed to the post or office by the Government of, or any other appropriate authority in that successor State: Provided that nothing in this section shall be deemed to prevent a competent authority, on and from the appointed day, from passing in relation to such person any order affecting the continuance in such post or office.” 5. Petitioners’ appointing authority is divisional level officer. Therefore, in terms of the order dated 11.9.2001 issued by the Government of India, contained in Annexure No. 1 to the supplementary affidavit and in view of the provisions contained in Section 75 of the U.P. Reorganization Act, the petitioners shall be deemed to have been allocated to the State of Uttarakhand. Stand taken in the counter affidavit does not appear to be plausible as it is contrary to the aforesaid Government Order dated 11.9.2001. 6. For the reasons recorded above, the writ petition is allowed. The impugned order dated 1.2.2002 is hereby set aside. No order as to costs. (P.C. Verma, J.) 15.7.2008 Prabodh