IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.422 of 2006 (S/B) Shamshad Mohd. Khan … Petitioner Versus Union of India & others … Respondents Dated: 18.12.2009 Coram Hon’ble Prafulla C. Pant, J. Hon’ble Dharam Veer, J. Hon’ble P.C. Pant, J. (Oral) Sri I.S. Mehra, Advocate for the petitioner. Sri H.S. Rawal, standing counsel for Union of India/ respondent no.1 Smt. Bina Pandey, Standing Counsel for the respondents Nos.2 & 3. Sri N.P. Shah, Standing Counsel for respondent Nos.4 & 5. Misc. Application No.10063/09 The application, moved by the applicant-petitioner for taking the supplementary affidavit on record, is allowed. Supplementary affidavit stands taken on record. WPSB No.422/06 By means of this writ petitioner, the petitioner has prayed to issue writ in the nature of certiorari quashing the order No.45/2005 dated 22.11.2005 passed by the Union of India, whereby the petitioner –Shamshad Mohd. Khan, who was a Junior Engineer in Rural Engineering Services Department, stood allocated to the State of Uttar Pradesh under Section 73 of the U.P. Reorganization Act, 2000. Learned counsel for the petitioner submitted that the petitioner was not only working in the State of Uttarakhand at the time of creation of the new State, but he is also a domicile of this State. It is further stated in the writ petition that the petitioner had opted for the Hill Sub Cadre and the petitioner’s name also figured in the Temporary Final Allocation List circulated before the impugned order was passed. The aforesaid facts are not disputed by the respondents’ counsel. Having considered the submissions of the learned counsel for the parties, this writ petition is disposed of with the following direction: - The impugned order No.45 of 2005 dated 22.11.2005 passed by the Union of India, so far as it relates to the petitioner-Shamshad Mohd. Khan, is kept in abeyance till the disposal of representation of the petitioner. The Union of India (respondent No.1) is directed to decide the representation dated 21.7.2007 made by the petitioner (copy of which is Annexure SA2 to the supplementary affidavit) within a period of three months from the date of certified copy of this order is placed before the said Authority. (Dharam Veer, J.) (Prafulla C.Pant, J.) 18.12.2009 Rdang