IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL. Writ Petition No. 559(S/S)2007 Vijay Kumar S/o Sri Beni Ram, House no. 87, Mukhani, Haldwani, Nainital. ---- Petitioner. Vs. 1. Union of India, through its Secretary, Ministry of Personnel, Public Grievances and Pension, New Delhi, 2. State of Uttarakhand, through its Principle Secretary, (Home), District Dehradun, 3. S.S.P. Dehradun, 4. State of U.P. through its Secretary Home (Police), Lucknow. ----Respondents. Sri Deep Joshi, learned counsel for petitioner, Sri Vikas Pandy learned Standing Counsel for Union of India, Sri Paresh Tripathi, learned State Counsel for State of Uttarakhand. Smt. Beena Pandey, learned Standing Counsel for State of U.P. Hon’ble M.M. Ghildiyal, J. Heard Sri Deep Joshi, learned counsel for petitioner, Sri Vikas Pandey, learned Standing Counsel of Union of India, Sri Paresh Tripathi, learned State Counsel for State of Uttarakhand and Smt. Beena Pandey, learned Standing Counsel for State of U.P. By means of this writ petition, the petitioner has prayed for the following reliefs:- i. To issue a writ, order or direction in the nature of certiorari quashing the order dated 16.05.2007, ii. To issuer an order or direction in the nature of mandamus directing the respondent not to relieve the petitioner pursuant of order dated 16.05.2007 to the State of U.P. till a final decision is taken by the Govt. pursuant to the order dated 06.09.2006, iii. To issue such order, writ or direction as is deemed proper under the facts add circumstances of the case, iv. Award full cost of the petition. The petitioner, who is Police Inspector in the Police Department in the State of Uttarakhand, is a permanent resident of State of U.P., however prior to creation of State of Uttarakhand, the petitioner had opted for State of U.P. Lateron he changed his option in the year 2002 for State of Uttarakhand. In the tentative final allocation list, prepared by the Union of India for State of Uttarakhand, the name of the petitioner does not find place, consequently he raised objections against the tentative final allocation list. Submission of the learned counsel for the petitioner is that his objections were not decided by the respondents and he has been finally allocated to the State of U.P. After the final allocation list issued by the Central Govt. the Govt. of India, vide its Circular dated 15th September 2004 has left it open to the successor State of Governments to consider requests of mutual transfer based on broad consensus arrived at between the State Governments inter-alia, either defining the terms and conditions in such consideration or by finding suitable Rules for this purpose. Further the Union of India has left it open to the State of consider the case of allocation of the employees who have genuine problems, by way of mutual transfers. The petitioner claims that he has already applied for mutual transfer and the issue of mutual transfer is under consideration of the Government. On 29.05.2007, the learned Standing Counsel was directed to seek instructions in this matter. Today, learned Standing Counsel has informed the Court that matter is under consideration of the Police Headquarter and after scrutinizing the case of the petitioner, the same shall be forwarded to the Govt. for taking necessary action for mutual transfer of the petitioner. In these circumstances, it is expected from the respondents that the entire exercise shall be completed as early as possible, at any rate, within a period of two months from the date of production of a certified copy of this order. However, in case, the State Govt. is in requirement of the services of the petitioner, they may consider in the meantime not to relieve the petitioner till the decision is taken on the petitioner’s case. With these observations, the writ petition is finally disposed of. No orders as to costs. (M.M. Ghildiyal, J.) June 11, 2007; NCM: