Minutes of the second meeting of the Committee held on 16.10 .2007 at 11.00 A.M. under the Chairmanship of Shri C.B. Paliwal, JS(E), DOPT

The second meeting of the Committee constituted in compliance with the directions dated 17.4.2007 in W.P. No. 445/01 of Hon’ble High Court of Chhattisgarh at Bilaspur in the matter of Shri B.R. Godbole \& Ors. Vs. Municipal Corporation, Durg was held on 16.10.2007 at 11.00 A.M. under the Chairmanship of Shri C.B. Paliwal, JS(E), DOPŶ in his chamber to discuss and decide the representations of State Government employees of erstwhile state of Madhya Pradesh.

The meeting was attended by the following :-
i) Shri Jawahar Shrivastava, Secretary, GAD, Chhattisgarh – Member
ii) Shri Y. Satyam, Addl. Secy, GAD, MP – Member
iii) Shri V. Peddanna, DS (SR), DOPT

• Member

Initiating the discussion the Chairman welcomed the members of the Committee and desired to know the status of issuance of the fresh guidelines on the allocation of state cadre in the light of decision taken by the Committee in its first meeting held on 19.9.2007. Shri Peddanna, Deputy Secretary informed that the comments of the Governments of UP and Uttarakhand, on the decision of the committee for relaxing the guidelines in respect of Class IV employees and employees covered under spouse policy, are being sought during the meeting held by JS (A, AT \& CS) with the representatives of UP and Uttarakhand on 24.10 .07 before issue of revised guidelines. The Chairman was also briefed by the members of the Committee about the existingguidelines on allocation of state cadre to the employees of erstwhile state of MP, issued by the General Administration Department, Madhya Pradesh Govt. and DOPT. Thereafter, the representations of the individual employees covered by the aforesaid directions of the Hon’ble Court were taken up for discussion and recommendation. The record of the recommendations made by the Committee in respect of representations of 43 employees is Annexed.

The Chairman desired to know the status of preparation of agenda in respect of representations of the remaining employees so that the same can be decided at the earliest. The representatives of Madhya Pradesh \& Chhattisgarh had informed that the comments of the respective departments on the representations of the employees are awaited and this process would take atleast $11 / 2-2$ months. It was felt that the representation of all the employees covered by the decision dated 17.4.2007 of the Hon’ble Court may not be completed within the stipulated time of three months from the date of constitution of the committee. Therefore, the Chairman directed to send a communication to the Government counsel for seeking extension of time for three months from the Hon’ble Court for compliance of its direction.

In the end it was decided that third meeting for the Committee would be held on 13.11.2007 at 11.00 A.M. in North Block, New Delhi to decide the representations of remaining employees.

The meeting ended with a vote of thanks to the Chair.# Annexure to the minutes of the meeting held on 16.10 .07

| St. No. | Name of the Petitioner | Petition No. | Recommendations of the Committee |
| :–: | :–: | :–: | :–: |
| 1 | Ramesh Chandra Yadav, Asstt.Gr.II | $5058 / 05$ | He is placed in the pay scale Rs.3050/- from $3500 /-$, in which he becomes senior most. Therefore he may be retained in M.P. |
| 2 | Chandra Mohan Misra, Dy. Collector | $355 / 04$ | On the basis of the applicant’s application dated $4 / 8 / 07$, no action is required. Allocated, to MP cadre and he joined and working in MP |
| 3 | Mahendra Paul Singh, Asstt. Gr.III | $1880 / 03$ | He is a non-State cadre and as on 1.11 .2000 he was in the State of Chhattisgarh and as per the directions of GOI, he is to continue in Chhattisgarh. He may avail the existing provisions of transfer of non-state cadre employees |
| 4 | Ramesh
Vishwakarma, Asstt.
Gr.III | $2900 / 03$ | He is a non-State cadre, and as on 1.11 .2000 he was in the State of Chhattisgarh and as per the directions of GOI, he is to continue in Chhattisgarh. He may avail the existing provisions of transfer of non-state cadre employees |
| 5 | Nathulal Chauhan, Excise Head Constable | $2900 / 03$ | Deferred for want of requisite information |
| 6 | Dubraj Singh
Kanwar, Distt.
Excise Officer | $2900 / 03$ | Deferred for want of requisite information |
| 7 | Ashok Kumar
Nayak, Senior Agri.
Development officer | $1808 / 02$ | On the basis of mutual transfer he was already allocated to the state of Chhattisgarh. |
| 8 | R.M. Patil, Vill.
Agri. Dev. Officer | $1035 / 03$ | Deferred for want of requisite information |
| 9 | R.K. Sharma, Vill.
Agri. Dev. Officer | $1036 / 03$ | Deferred for want of requisite information |
| 10 | S.K. Beohar, Vill.
Agri. Dev. Officer | $3305 / 05$ | Allocation to Chhattisgarh on juniority basis. The employee Shri Shyam Sai Paikra with whom he is seeking mutual order had already mutually transferred with another employee and hence can’t be considered. He has not mentioned the names of juniors who have been retained in the State of MP as mentioned in the W.P. Hence the claim of the applicant may not be accepted. Seniors to him are also allocated to Chhattisgarh |
| 11 | R.K. Latoria, Vill. | $3239 / 05$ | Allocated on juniority basis to Chhattisgarh. || | Agri. Dev. Officer | | Option and domicile can’t be a basis for change of cadre. No documents produced regarding illness of parents. Claim may not be accepted |
| — | — | — | — |
| 12 | M.D. Dadhore, Sr
Vill. Agri. Dev.
Officer | $3240 / 05$ | Allocation made on juniority basis. Option and domicile can’t be a basis for change of cadre. No documents produced regarding illness of parents. Claim may not be accepted |
| 13 | Ramswaroop
Kumhar, Asst. Gr. I | $3364 / 03$ | Since he is no more in Govt. service. Hence, no consideration is required |
| 14 | Anand Naryan
Khere, Fishery
Inspector | $4366 / 04$ | As per the guidelines framed by the Committee, wife and husband are to be allocated to one state irrespective of seniority. Wife allocated to MP and serving in MP, as a Supervisor in Women and Child Development Department, which was also a ground in the WP. On this basis, the petitioner is to be transferred from Chhattisgarh to MP. Claim may be accepted. |
| 15 | MP Warehousing Corporation Employees’ Federation | $991 / 02$ | Employees of the Corporation are not in the purview of Ministry of Personnel. The Petitioners of petition No.991/02 have mentioned that the employees of the corporation have joined in the respective corporation of MP and Chhattisgarh which was sought in the WP. Issue is resolved hence no action is needed. |
| 16 | Victor Joseph, Sub Engineer | $1801 / 03$ | In view of the guidelines formulated by the Committee wife and husband are to be allocated to one State, irrespective of seniority of the spouses. Hence the applicant is to be allocated to MP where his wife is working. Claim may be accepted. |
| 17 | Lakhan Lal Lauria, Cinema Van driver | $2904 / 03$ | As per the previous guidelines, since wife is senior to the applicant, hence he is to be allocated to the State of MP, where his wife is working. Claim may be accepted |
| 18 | Sushil Singh Sengar, Lecturer (Eng.) | $2089 / 03$ | Already allocated to MP state on mutual basis. Hence no action is required. |
| 19 | Ram Bahadur Patil, Peon | $461 / 06$ | Since PSU it is not in the purview of the Committee, even otherwise his case has already been considered and allocated to the State of Chhattisgarh. Hence no action |
| 20 | Rajendra Kumar
Sharma, Sub
Engineer (E/M) | $3632 / 03$ | Allocated on juniority basis. Option and domicile can’t be a basis for change of State cadre. Hence his claim may not be accepted |
| 21 | Shri Krishna Kumar
Sharma, Sub
Engineer (Civil) | | Allocated on juniority basis. Option and domicile can’t be a basis for change of State cadre. Hence his claim may not be accepted. Seniors to him are also allocated to || | | | |
| — | — | — | — |
| 22 | Baijanath Kaul, Asstt. Gr.II | 1989/03 | Allocated on juniority basis. His wife is a Shiksha Karmi, who is a Panchayat employee and not a government employee. Hence his claim for transfer on his spouse basis to MP may not be accepted |
| 23 | Parasuram Nayak, Sub Engineer | | Option to Chhattisgarh state was not considered earlier. Based on option for Chhattisgarh, he is to be allocated to the State of Chhattisgarh. Claim may be accepted. |
| 24 | Smt. Anita Rohtagi | 2078/04 | Allocated MP on mutual basis. Presently working in MP. Previously Govt. of India has rejected her claim. Hence claim may not be accepted. |
| 25 | Ravi Kumar Raizada, Asstt. Gr.II | 260/03 | Working in MP. Absorbed in Mining Department in MP. As per his application dated16.8.07, he has no grievance. No further action needed. |
| 26 | Ramchandra Gautam, Sr. Agri. Dev. Officer | 1330/03 | Not a Govt. servant. Employee of Tilhan Sangh. Not in the purview of the Committee. |
| 27 | Mukund Ram Sahu, Sr. Asstt. | 2230/03 | Not in the purview of the Committee. However the issue relating to the employees is agreed upon by both the Federations of MP and Chhattisgarh. |
| 28 | Nand Kumar Chandrakar, Sr. Asstt | 2240/03 | -do- |
| 29 | Pardesi Ram Verma, Sr. Asstt | 2241/03 | -do- |
| 30 | Ashok Kumar Nigam, Sr. Asstt | 2242/03 | -do- |
| 31 | C.P. Chandrakar, Sr. Asstt | 2243/03 | -do- |
| 32 | Anil Kumar Sharma, Sr. Asstt | 2244/03 | -do- |
| 33 | Virendra Kumar Tiwari, Sr. Asstt | 2245/03 | -do- |
| 34 | B. L. Chandrakar, Sr. Asstt | 2842/03 | -do- |
| 35 | Rajendra Kumar Misra, Sr. Asstt | 2777/03 | -do- |
| 36 | Santosh Kumar Udania, Compounder | 2676/05 | Non-State Cadre employee. Posted in Chhattisgarh at the time of division of the State. He may avail the existing transfer provisions of non-state cadre employees. |
| 37 | Smt. Shobha Sharma, Asstt. Gr. II | 26/2005 | Already decided by Government of India allocated to MP. No further action is needed. |