Rakesh Kumar Chauhan vs State of Uttarakhand and others

Barin Ghosh, C.J.—No counter affidavit has been filed by the State of Uttarakhand or by Uttarakhand Jal Sansthan.

The subject matter of challenge in the writ petition is an order dated 31st May, 2011 issued by the Chief General Manager, Uttarakhand Jal Sansthan, Dehradun, whereby and under, the petitioner has been relieved in order to enable him to join the State of Uttar Pradesh. Petitioner is contending that he is an employee of Uttarakhand Jal Sansthan and, accordingly, he could not be relieved for joining the State of Uttar Pradesh. The stand taken by the petitioner is being supported by the State of Uttar Pradesh and the Director of Local Bodies, Uttar Pradesh, Lucknow, who have filed affidavits to that effect.

It appears that the Directorate of Local Bodies, Uttar Pradesh, appointed the petitioner on 10th August, 1998 under the Uttar Pradesh Palikas and Water Works Engineering (Centralised) Service Rules, 1986. He was asked to join Kumaon Jal Sansthan, where he joined on 31st August, 1998. Subsequent thereto, petitioner has worked in different postings within the State of Uttarakhand only. At the time of filing of the writ petition, petitioner was posted in Haridwar division, Haridwar.

There is no dispute that, before the State of Uttar Pradesh was bifurcated for creation of the State of Uttarakhand, all the Jal Sansthans including Kumaon Jal Sansthan was owned, managed and controlled by the State of Uttar Pradesh through the Director of Local Bodies, Uttar Pradesh. The Uttar Pradesh Reorganisation Act, 2000 did not direct bifurcation of Uttar Pradesh Jal Sansthan. The employees of Uttar Pradesh Jal Sansthan, including those who were working in Kumaon Jal Sansthan, remained employees of the State of Uttar Pradesh. Subsequent to creation of the State of Uttarakhand, a body called Uttarakhand Jal Sansthan was created. By mutual understanding between the State of Uttar Pradesh and the State of Uttarakhand, the assets, liabilities and properties of Jal Sansthans, situated within the territory of the State of Uttarakhand, were taken over by the Uttarakhand Jal Sansthan. By reason thereof, the assets, liabilities and properties of Kumaon Jal Sansthan, Nainital, also stood vested in Uttarakhand Jal Sansthan. There was, however, no agreement for transfer of employees of Uttar Pradesh Jal Sansthan to Uttarakhand Jal Sansthan or to Uttarakhand for the purpose of manning the establishments of Uttar Pradesh Jal Sansthan taken over by the Uttarakhand Jal Sansthan. The people, who were working in those establishments of Uttar Pradesh Jal Sansthans situated within the territory of Uttarakhand, continued to serve those Jal Sansthans even after creation of Uttarakhand. They were also transferred by Uttarakhand Jal Sansthan from one place to the other. Thus, Uttarakhand Jal Sansthan exercised administrative control over those employees. In the meantime, steps were taken for repatriating some of those employees to the State of Uttar Pradesh. That resulted in filing of writ petitions. In terms of the interim orders passed on those writ petitions, those persons, including the petitioner, remained in the State of Uttarakhand and continued to serve Uttarakhand Jal Sansthan. At that stage, on 16th January, 2009, the Secretary, Government of Uttarakhand, gave a proposal to the Principal Secretary, Urban Development Department, Government of Uttar Pradesh. The said proposal is as follows:

No. 23/Untees(1)/2009- (43 Pe.)/01

From:

M.H. Khan,

Secretary,

Govt. of Uttarakhand.

To:

The Principal Secretary,

Urban Development Department,

Govt. of Uttar Pradesh, Lucknow.

Pey Jal section - I Dehradun: Dated 16th January, 2009

Sub.: Proposal regarding allocation of the Assistant Engineers / Junior Engineers (Jal) of the Plain Cadre of U.P. Palika and Jal Sansthan Water Works Engineering (Centralised) Services, in favour of the Uttarakhand State.

D/Sir,

Regarding aforesaid subject, the Government of Uttarakhand has requested vide its letter no. - 425/Untees(1)/08-(43 Adhi.) / 2001 dated 9th July, 2008 to allocate 01 Assistant Engineer and 09 Junior Engineers (Jal), of the Plain Cadre, have duly been consented vide your letter no. 4103/9-3-08-67 Misc./2000 T.C. for allocation in favour of the State of Uttarakhand.

In this regard, I have been directed to state that after due considerations, the Govt. of Uttarakhand has decided that the following remaining 09 Junior Engineers of the Plain Cadre, who are presently working in the State of Uttarakhand and have duly consented to be accumulated in the Uttarakhand Jal Sansthan, needs to be considered to allocate in the cadre of the State of Uttarakhand:-

Sarveshree Rajesh Kumar, Junior Engineer.

Madan Sain

Vinod Kumar Srivastav

Shishu Pal Singh

Arun Kumar

Sri Rakesh Kumar Chauhan

Sanjai Kumar Srivastav

S.K. Rai

Satyawan Singh Rawat

Therefore, it is requested that kindly accord your consent for allocation of the aforementioned 09 Junior Engineers in favour of the State of Uttarakhand. After this consent the matter of allocation of the employees between the two States will become final.

Your''s

Sd/-

(M.H. Khan)

Secretary.

No.: 23/Untees(1)/2009- (43 Pe.)/01 dated aforesaid.

The Director, Local Bodies of Uttar Pradesh, Lucknow.

The Chief General Manager, Uttarakhand Jal Sansthan, Dehradun.

By Order,

Sd/-

(Teekam Singh Panwar)

Joint Secretary.

The Principal Secretary, Government of Uttar Pradesh, accepted the said proposal and communicated such acceptance to the Secretary, Pey Jal Section - I, Government of Uttarakhand, Dehradun, by a communication dated 18th June, 2009. The text of the said communication is as follows:

No. 801/9-3-09-67 Misc. / 2000 T.C.

From:

Alok Ranjan,

Principal Secretary,

Govt. of Uttar Pradesh.

To:

The Secretary,

Pey Jal Section - I,

Govt. of Uttarakhand,

Dehradun.

Urban Development Section - 3 Lucknow: Dated 18th June, 2009

Sub.: Proposal regarding allocation of the Assistant Engineers / Junior Engineers (Jal) of the Plain Cadre of U.P. Palika and Jal Sansthan Water Works Engineering (Centralised) Services, in favour of the Uttarakhand State.

D/Sir,

Please take it in reference to your letter No. 23 / Untees(1) / 2009-(43 Pe.)/01 Dated 16th January, 2009, and letter no. 344/Untees(1)/09-(43 Pe.)/2001 dated 16th April, 2009 regarding the aforementioned subject, vide which it has been requested to allocate 09 Junior Engineers of the Plain Cadre in favour of the State of Uttarakhand for the services of the State of Uttarakhand:-

Sl. No.

Name of the Engineer

Designation

1.

Sarveshree Rajesh Kumar Nirwal

Junior Engineer

2.

Madan Sain

Junior Engineer

3.

Vinod Kumar Srivastav

Junior Engineer

4.

Shishu Pal Singh

Junior Engineer

5.

Arun Kumar

Junior Engineer

6.

Sri Rakesh Kumar

Junior Engineer

7.

Sanjai Kumar Srivastav

Junior Engineer

8.

S.K. Rai

Junior Engineer

9.

Satyawan Singh Rawat

Junior Engineer

After due consideration on the aforesaid matter in question, I have been directed to state that the aforesaid 09 Junior Engineers of the Plain Cadre are hereby consented to be allocated in favour of the State of Uttarakhand for the services of the State of Uttarakhand. You are hereby directed to initiate further necessary action in this regard, accordingly.

It is also remarkable that it has been mentioned in your aforesaid letter dated 16th Jan., 2009 that after the aforementioned consent, the matter of allocation of the employees between the two States will become final; whereas it has been informed by the Director, Local Bodies of Uttar Pradesh, Lucknow, that inspite of the aforesaid Junior Engineers (Jal), there in the Uttarakhand Jal Sansthan, 02 Junior Engineers (Jal) - Shri Anil Kumar Swami and Sri Anirudh Prasad Mishra are also working there at present. In connection of this, it has also been informed that as per informations of the Secretary, Uttarakhand Jal Sansthan, Jal Bhawan, B-Block, Nehru Colony, Dehradun vide its letter no. 2370/Ka./01/Post Alloc./23/2007-08 dated 20th July, 2007, that Sri Ram Karan Yadav and Sri Om Prakash Maurya found available since dated 02.12.98 and 31.08.98 after taking over the charge, and thereafter they found absent continuously from there since 06.02.99 and 19.11.99 respectively. As per available informations, Sri Ram Karan Yadav has submitted his unability to serve the Jal Sansthan and there is no information regarding absentism of Sri Om Prakash Maurya as yet.

Therefore, as per informations of the Director of Local Bodies, U.P. Lucknow, and keeping in view of the aforesaid informations, I have also been directed to state that even after consent about the 09 Junior Engineers (Jal) of the Plain Cadre in favour of the State of Uttarakhand, Sri Anil Kumar Swami, Sri Aniruddh Prasad, Sri Ram Karan Yadav and Sri Om Prakash Maurya of the Plain Cadre Junior Engineers (Jal) are still working in the State of Uttarakhand. Therefore, please clarify the situation about the aforementioned personnels and please submit appropriate proposals to the State Govt. of Uttar Pradesh regarding allocation of the aforesaid personnels in favour of the State of Uttarakhand for the service of the State of Uttarakhand.

Your''s

Sd/-

(Alok Ranjan)

Principal Secretary.

No.and date aforementioned.

Copy:

The Director of Local Bodies of U.P., Lucknow, - for kind information and necessary actions in reference to his letter no. 5/445-Sha./454-Aa.Aa.(Jal) / Appointment/93 dated 1st April, 2009 and letter no. 5/445(1)- Sha. /454- Aa.Aa. (Jal) / Appointment / 03 dated 2nd June, 2009.

By Order,

Sd/-

(Daya Shankar)

Joint Secretary.

In view of the said agreement, the persons named in the said proposal and acceptance thereof should be deemed, in law, to have become part and parcel of the Uttarakhand Jal Sansthan. Petitioner being one of them, there is no scope of relieving the petitioner in order to enable him to join the State of Uttar Pradesh.

We, accordingly, allow the writ petition and quash the order dated 31st May, 2011 insofar as the same relates to the petitioner. This Court has not gone into the question of seniority, inasmuch as, seniority dispute is required to be first sorted out through the Tribunal.