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Deepa Pandey vs The State of Uttarakhand and Others

Uttarakhand High Court · Decided on 6 July 2011 · Citation: (2011) 07 UK CK 0180

HON’BLE JUDGES
Barin Ghosh, C.J · Servesh Kumar Gupta, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 174 of 2011 (S/B)
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Judgment

3 paragraphs · 338 words

Barin Ghosh, C.J.—We are not inclined to admit this writ petition. Petitioner and Petitioner''s husband both were employees of the State of Uttar Pradesh. By reason of the Uttar Pradesh Reorganization Act, 2000, on and from the date of coming into force of the said Act, they became provisional employees of the State of Uttar Pradesh. They were asked to exercise their option to choose in between the State of Uttar Pradesh and the State of Uttarakhand. Both of them chose State of Uttar Pradesh. Subsequent thereto, husband of the Petitioner died. Petitioner has been allocated in terms of her option to the State of Uttar Pradesh. In as much as her husband died, Petitioner made a representation that she be permitted to alter her allocation and she be permitted to remain in the State of Uttarakhand. This representation is pending consideration before the Central Government. In the meantime, Petitioner has been relieved by the State of Uttarakhand, in order to enable the Petitioner to join the State of Uttar Pradesh.

2.

In the present writ petition, Petitioner is contending that until such time the representation of the Petitioner is considered, she be permitted to stay in the State of Uttarakhand. In law, if, on the basis of the representation, Petitioner can be allocated to the State of Uttarakhand, then, of course, until such time the representation of the Petitioner is decided, Petitioner should be permitted to stay in the State of Uttarakhand where she is presently staying. However, a Division Bench of this Court has already held that after the Central Government has passed a final allocation order, Central Government becomes functus officio. It has no power to review the order of allocation already made by it, in as much as no such power has been granted by the Act and at the same time, by reason of the provisions of the Act, in the matter of allocation, the Central Government discharges quasi-judicial functions.

3.

In the circumstances, the writ petition fails and the same is dismissed.