Head Constable 29, Kripal Singh and Others vs Union of India (UOI) and Others

Barin Ghosh, C.J.—Petitioners, five in number, have been allocated to the State of Uttar Pradesh finally. Subsequent to their allocation to the State of Uttar Pradesh, they applied for mutual transfer holding out that in place of them, five persons holding same/similar posts and allocated to the State of Uttarakhand, be allocated to the State of Uttar Pradesh, and Petitioners be allocated to the State of Uttarakhand. It is the contention of the Petitioners that the State of Uttar Pradesh and State of Uttarakhand have agreed to the proposal thus given by them. The object of the writ petition is to expedite consideration of their request for mutual transfer which is still pending consideration before Union of India and in the meantime to permit the Petitioners to remain in the State of Uttarakhand.

A Division Bench of this Court has already held that in the matter of allocation, Union of India discharges quasi judicial functions and, inasmuch as, the Uttar Pradesh Re-organisation Act, 2000 does not empower the Central Government to review its orders, the Central Government becomes functus officio after having had disposed of a matter pertaining to allocation and, as a result, the Central Government is incompetent to consider any request for mutual transfer after having had finally allocated an employee of the State of Uttar Pradesh to either of the States. Following that decision, we dismiss the writ petition.