This communication addresses a specific case concerning six Excise Inspectors who were recruited before the Reorganization Act’s appointed day but were appointed to government service after it. Consequently, they weren’t initially allocated under the Act. Although they opted for and were domiciled in Uttarakhand, they were relieved to join Uttar Pradesh, as they hadn’t been formally allocated by the Central Government. The document clarifies that since these employees were validly appointed based on their option and domicile, their relieving for UP is incorrect. The Uttarakhand government is requested to cancel the relieving order to facilitate their repatriation. Furthermore, it’s established that in similar situations where employees were recruited before the appointed day but not formally allocated due to post-appointed day service entry, they are considered validly appointed to their opted or domiciled state and should not be relieved by successor states.
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F.No.27/21/2011-SRS
Government of India
Ministry of Personnel, P.G. \& Pensions
Department of Personnel \& Training
To
The Chief Secretary,
Government of Uttar Pradesh,
Lucknow.
The Chief Secretary,
Government of Uttarakhand,
Uttarakhand.
Sub.:- Appointment of personnel, who were not considered for allocation under the Reorganization Act because of their entry into Govt. Service after the appointed day.
Sir,
I am directed to say that a case of six Excise Inspectors of the Excise Deptt., Namely, S/Sh. Sarv Singh Chauhan, Kalyan Singh, Amar Singh Bounal, Devendra Singh Rawat, Ramesh Ram and Sanjay Kumar, have come to the notice of the Central Government, who were recruited for a recruitment period prior to the appointed day i.e. 09.11.2000, but were not allocated under the Reorganization Act because they were appointed into service after the appointed day. On their initial appointment, they were posted in Uttarakhand as per their option and domicile. However, the Govt. of Uttarakhand relieved them for UP on the assumption that since they have not been finally allocated to Uttarakhand by the Central Govt., they are deemed to be allocated to UP. Consequently, they joined in UP and are working there at present. However, these Excise Inspectors have represented for revision of allocation to Uttarakhand. Since these employees were validly appointed to Uttarakhand as per their option and domicile, their relieving for UP is not in order. The Govt. of Uttarakhand may, therefore, cancel the relieving order so that they could be repatriated to Uttarakhand by UP in terms of their appointment in the State.
2. It has also been decided that in all similar cases where the employees were recruited for recruitment years prior to the appointed day but were not finally allocated in terms of the Reorganization Act because of their entry into service after the appointed day, these employees shall be considered to be validly appointed to the State of their appointment on option or
domicile basis and are not to be relieved by the successor States of UP or Uttarakhand assuming them to be allocated under the Reorganization Act.
This issues with the approval of Secretary (P).
Yours faithfully,
( Mona Singh)
Director
Copy to:-
- Principal Secretary, UP Reorganization Coord. Deptt., R. No. 46, Bahukhandi Bhavan, Secretariat, Lucknow.
- Secretary, Reorganization, Govt. of Uttarakhand, Secretariat, Dehradun.
