Smt. Usha Devi vs State of Uttarakhand and Others

Barin Ghosh, C.J.—Petitioner is a nurse and at present is working at Soban Singh Jeena Base Hospital, Haldwani, District Nainital. She was appointed by the State of Uttar Pradesh before its reorganization. Petitioner is an ordinary resident of the territory of the State of Uttar Pradesh, which has now become the State of Uttarakhand. Petitioner has married a person who was also appointed by the State of Uttar Pradesh before its reorganization. The husband of the Petitioner is a district cadre employee. The district, in which the husband of the Petitioner was appointed, became part of the territory of the State of Uttarakhand after reorganization of the State of Uttar Pradesh.

In relation to the employees of the State of Uttar Pradesh, Central Government is entitled to make allocation. The Central Government, in the matter of making such allocation, has decided that district cadre employees shall be allocated to that State to which the district concern falls. Accordingly, the husband of the Petitioner stands allocated to the State of Uttarakhand. Petitioner is a state cadre employee. Accordingly, she was required to opt to be allocated to either of the States. Petitioner opted for the State of Uttarakhand. In the matter of allocation, Central Government has adopted certain broad principles, which, amongst others, provide that as far as practicable option of a woman shall be honoured. Such principles also provide that both spouses must be allocated to one State. Despite such principles adopted, Petitioner has been allocated to the State of Uttar Pradesh.

Such allocation, being in breach of the principles of allocation adopted by the Central Government, we feel that the same is interferable and, accordingly, we interfere with the same and quash the allocation of the Petitioner to the State of Uttar Pradesh. We direct the Central Government to consider the option of the Petitioner afresh in accordance with the policy adopted by it. Until such time the Central Government decides afresh the option of the Petitioner, she shall remain in the State of Uttarakhand and shall remain posted in the hospital where she is presently working. This order shall not prevent the State of Uttarakhand to transfer the Petitioner to some other hospital, but in accordance with the policy adopted by the State of Uttarakhand in relation to transfer of its employees from one place to the other.

In view of the order as above, the relieving order of the Petitioner stands quashed. The writ petition is allowed to the extent as above.