IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1138 of 2009 (S/S) Manoj Kumar S/o Late Sri Ram Kishan ..……… Petitioner Versus State of Uttarakhand and others ……… Respondents. Mr. Rakesh Thapliyal, Advocate for the petitioner. Mr. K.C. Tiwari, Brief Holder for the respondents. Hon’ble Tarun Agarwala, J. Heard Shri Rakesh Thapliyal, the learned counsel for the petitioner and Mr. K.C. Tiwari, the learned Brief Holder for the respondents/State. The petitioner’s father was appointed as a Class-IV employee in District Chamoli as a Washerman in the year 1971 and died in harness on 23rd November, 2008. During the course of his service, the petitioner’s father was continuously posted in Chamoli and also purchased a land in District Chamoli. The petitioner’s father became a domicile of the State of Uttarakhand. Upon his death, the petitioner, who is the son of the deceased, applied for appointment on compassionate grounds. The said application was rejected by an order dated 24th March, 2009 on the ground that the petitioner’s father was allocated the State of U.P. by an order dated 12.10/2004 and, consequently, the petitioner’s father was no longer an employee of the State of Uttarakhand and was deemed to be an employee of the State of U.P. and, consequently, directed the petitioner to file an appropriate application in the State of U.P. before the relevant department. The petitioner, being aggrieved by the said order, has filed the present writ petition. 2 The mere fact that the petitioner’s father was allocated the State of U.P. does not mean that the petitioner’s father became an employee of the State of U.P. Under the State Reorganization Act, 2000, an employee is also required to be relieved pursuant to the allocation order. For facility, sub-section (2) and (3) of Section 73 of the Reorganization Act, 2000 is extracted hereunder:- “(2) As soon as may be after the appointed day, the Central Government shall, by general or special order, determine the successor State to which every person referred to in sub-section (1) shall be finally allotted for service and the date with effect from which such allotment shall take effect or be deemed to have taken effect. (3) Every person who is finally allotted under the provisions of sub-section (2) to a successor State shall, if he is not already serving therein be made available for serving in the successor State from such date as may be agreed upon between the Governments concerned or in default of such agreement, as may be determined by the Central Government.” A perusal of the aforesaid provision indicates that after allocation of an employee, the said employee is required to be relieved. In the present case, the respondents have not annexed any Government Order relieving the father of the petitioner. On the other hand, it has been categorically stated in the petition that the petitioner’s father served in Chamoli till his death and received his pay from the State of Uttarakhand. In paragraph 1 and 14 of the writ petition, it has been stated that upon the death of the deceased, the petitioner’s mother is receiving the family pension from the State of Uttarakhand which fact has not been denied by the respondents in paragraph 12 of the counter affidavit. Further, 3 in paragraph 6 of the writ petition, the petitioner has received information under the Right to Information Act to the effect that the petitioner’s father had exercised the option for staying in the State of Uttarakhand. In view of the aforesaid, the stand of the respondents that the petitioner’s father became an employee of State of U.P. cannot be believed nor can it be sustained. Rejection of the petitioner’s application for appointment on compassionate ground, on such ground, is patently misconceived and cannot be sustained. Consequently, the impugned order cannot be sustained and is quashed. The writ petition is allowed. The matter is remitted to the authority again to decide the petitioner’s application on merit within six weeks from the date of production of a certified copy of this order. (Tarun Agarwala, J.) Dated 17.05.2010 Shiv