Ramendra Kumar Srivastava 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 23rd May, 1990 under Rules 31 and 42 of the Uttar Pradesh Palikas and Water Works Engineering (Centralised) Service Rules, 1986. He was asked to join Jhansi Jal Sansthan, where he joined on 29th May, 1990. Subsequent thereto, on 10th August, 1994, petitioner was transferred to Kumaon Jal Sansthan, Nainital. On such transfer, initially, he was posted at Pithoragarh division; thereafter to Sitarganj; and then to Nainital. At the time of filing of the writ petition, petitioner was posted in Udham Singh Nagar division at Sitarganj.

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 9th July, 2008, 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. 425/Untees(1)/08- (43 Adhi.)/2001

From:

M.H. Khan,

Secretary,

Govt. of Uttarakhand.

To:

The Principal Secretary,

Urban Development Department,

Govt. of Uttar Pradesh.

Pey Jal section - I Dehradun: Dated 9th July, 2008

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. 1472 / 9-3-04-67 Misc./2000 T.C. dated 16.04.2004 regarding the aforesaid subject.

In this regard, I have been directed to state that after due considerations by the Government that the following 01 Assistant Engineer and 09 Junior Engineers (Jal), who had submitted their options for their allocation in favour of the Hill Sub Cadre prior to creation of the State of Uttarakhand and those, who had been granted with the stay orders by the Hon''ble Court for not relieving them till disposal of the writ petitions and till then the impugned orders will be kept in abeyance, are hereby proposed to be allocated in favour of the State of Uttarakhand:-

Sl. No.

Name of the Engineer

Designation

1.

Shri Sanjeev Kumar Mishra

Assistant Engineer

2.

Shri Ram Karan Verma

Junior Engineer

3.

Shri Rakesh Kumar Dixit

Junior Engineer

4.

Shri Surendra Kumar Sharma

Junior Engineer

5.

Shri B.N. Prajapati

Junior Engineer

6.

Shri Virendra Singh

Junior Engineer

7.

Shri Jay Pal Singh

Junior Engineer

8.

Shri RamaaShankar

Junior Engineer

9.

Shri K.P. Singh

Junior Engineer

10.

Shri Ramendra Kumar Srivastav

Junior Engineer

Therefore, you are hereby requested to grant your consent for the allocation of the aforementioned 01 Assistant Engineer and 09 Junior Engineers (Jal), in favour of the State of Uttarakhand.

Your''s

Sd/-

(M.H. Khan)

Secretary.

No.: 425/Untees(1)/08-(43 Adhi.)/2001 dated aforesaid.

Copy to the following:- for kind information and necessary actions:

The Director, Local Bodies of Uttar Pradesh, Lucknow.

The Chief General Manager, Uttarakhand Jal Sansthan.

By Order,

(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 31st December, 2008. The text of the said communication is as follows:

No. 4103/9-3-08-67 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 31st Dec., 2008

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 find it in reference to your letter No. 425 / Untees(1) / 08-(43 Adhi.)/2001 Dated 9th July, 2008, and in continuation with the letter no. 1472/9-3-04-67 Misc./2000 T.C. dated 16.04.2004 of the Govt. of Uttar Pradesh, regarding the aforementioned subject, vide which it has been requested by you to grant our consent for the allocation of the 01 Assistant Engineer and 09 Junior Engineers (Jal), of Plain Cadre of the U.P. Palika and Jal Sansthan Water Works Engineering (Centralised) Services, in favour of the Uttarakhand State against your proposal aforesaid:-

Sl. No.

Name of the Engineer

Designation

1.

Shri Sanjeev Kumar Mishra

Assistant Engineer

2.

Shri Ram Karan Verma

Junior Engineer

3.

Shri Rakesh Kumar Dixit

Junior Engineer

4.

Shri Surendra Kumar Sharma

Junior Engineer

5.

Shri B.N. Prajapati

Junior Engineer

6.

Shri Virendra Singh

Junior Engineer

7.

Shri Jay Pal Singh

Junior Engineer

8.

Shri RamaaShankar

Junior Engineer

9.

Shri K.P. Singh

Junior Engineer

10.

Shri Ramendra Kumar Srivastav

Junior Engineer

After due consideration on the matter in question, I have been directed to state that the 01 Assistant Engineer and 09 Junior Engineers (Jal), of the Plain Cadre aforesaid, have duly been consented for allocation in favour of the State of Uttarakhand against the proposal for allocation for the services of the State of Uttarakhand.

You are hereby requested to take further necessary actions accordingly on the matter aforesaid.

Your''s

Sd/-

(Alok Ranjan)

Principal Secretary.

No.and date aforesaid.

Copy to:

The Director, Local Bodies of U.P., Lucknow, - for kind information and necessary actions in reference to his letter no. 5/218 Sha. /454- Aa.Aa. (Jal) / Appointment / 93 dated 27th Nov., 2008.

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.