IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 243 of 2009 (S/B) Smt. Sharda Devi Ginwal. .……… Petitioner Versus State of Uttarakhand & others. .………. Respondents. Mr. C.D. Bahuguna, Advocate for the petitioner. Mr. H.M. Raturi, Advocate for respondent Nos. 1, 2 & 6. Mr. S.P.S. Panwar, Senior Advocate with Mr. Sachin Panwar, Advocate for respondent No. 3. Ms. Anjali Bhargava, Advocate for respondent Nos. 4 & 5. JUDGMENT Coram: Hon’ble J.S. Khehar, C.J. Hon’ble Sudhanshu Dhulia, J. J.S. KHEHAR, C. J. (Oral) The petitioner had approached this Court on account of the fact, that she had been relieved by the State of Uttarakhand, so as to join the State of U.P., vide order dated 31.08.2009. On 04.11.2009, through a motion Bench order, a Division Bench of this Court stayed the operation of the impugned order dated 31.08.2009. It therefore emerges, that the petitioner remained in Uttarakhand and continued to discharge her duties as an employee of the State of Uttarakhand. 2. A short counter affidavit has been filed on behalf of respondent No. 2, enclosing therewith, a Government Order dated 10.11.2009 noticing, that a decision had been taken, that the petitioner Sharda Devi, and some other employees similarly situated as her, were not to be relieved by the State of Uttarakhand to join in the State of U.P. The instant order also notices, that the same is not a final order, but was being passed till a final decision is taken. 3. In view of the order dated 10.11.2009, which has been appended to the short counter affidavit filed on behalf of respondent No. 2 as Annexure SCA1, we are satisfied, that the instant writ petition has been rendered infructuous. It will be open to the petitioner to approach this Court after the final order is passed, in case the same is not in the interest of the petitioner. 2 4. The instant writ petition is disposed of accordingly. (Sudhanshu Dhulia, J.) (J.S. Khehar, C. J.) 12.05.2010 12.05.2010 G