High CourtsDivision Bench

Anil Kumar Singh and others vs Union of India and others

Uttarakhand High Court · Decided on 28 September 2018 · Citation: (2018) 09 UK CK 0108

HON’BLE JUDGES
Rajiv Sharma, ACJ · Manoj Kumar Tiwari, J
RESULT
Dismissed
CASE NUMBER
WRIT PETITION (S/B) NO. 293, 279, 288 OF 2013, WRIT PETITION (S/B) NO. 44, 458 OF 2015, WRIT PETITION (S/B) NO. 108 OF 2016

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Judgment

11 paragraphs · 204 words

Rajiv Sharma, ACJ.

1.

Since common questions of law and facts are involved in these writ petitions, they are being taken up together and are being decided by this

common judgment.

2.

Petitioners were appointed in Hill Sub Cadre. The paramount consideration for constitution of this Cadre was to appoint the person to the Hill areas

in the erstwhile State of Uttar Pradesh. The new State was carved out on the basis of the U.P. Reorganisation Act, 2000. The issue of allocation /

allotment was to be made under Section 73 of the U.P. Reorganisation Act, 2000. In case of any dispute, the matter was required to be referred to the

Central Government. The Central Government on 11th September, 2001 took a conscious decision that qua four cadres, including Hill Sub Cadre,

options of the employees shall not be considered and they shall be deemed to have been allocated to the State of Uttarakhand. This basic order dated

11th September, 2001 has not been challenged by the petitioners in these writ petitions till date. Since this order has not been challenged, the question

of allocation cannot be gone into in these writ petitions.

3.

Accordingly, the writ petitions fail and the same are dismissed.