This document details the Central Government’s response to a mutual transfer request by two Mukhya Sevikas, Smt. Seema Yadav and Smt. Aruna Choudhary. The request, which sought an interchange of their allocated states between Uttarakhand and Uttar Pradesh, was made following a previous High Court judgment. However, the Central Government noted that a separate High Court ruling had already invalidated the mutual transfer policy and its guidelines. Consequently, a review petition was filed regarding the initial judgment. The Uttarakhand High Court, in its judgment dated July 1, 2013, dismissed this review petition. The operative part of the judgment highlighted that the policy, which the review applicant sought to uphold, had already been struck down. Therefore, in the absence of a valid mutual transfer policy and guidelines, the mutual transfer requests could not be considered and were ultimately rejected. The decision has been communicated to the Chief Secretaries of Uttar Pradesh and Uttarakhand, among other relevant departments.
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F. No. 27(C)/3/2011-SRS
Government of India
Ministry of Personnel, P.G. \& Pensions
Department of Personnel \& Training
$3^{\text {rd }}$ Floor, Lok Nayak Bhavan, Khan Market, New Delhi
Dated: August, 2013
To
1. The Chief Secretary, Government of Uttar Pradesh, Lucknow.
2. The Chief Secretary, Government of Uttarakhand, Uttarakhand.
Sub.: Judgment dated 01.07.2013 of Uttarakhand High Court in review application No. 324 of 2013 in W.P. No. 1698 of 2005- Seema Yadav vs. State of Uttaranchal \& ors.
Sir,
I am directed to refer to the joint representation dated 07.01. 2011 made by Smt. Seema Yadav and Smt. Aruna Choudhary, both Mukhya Sevika, seeking interchange of their respective allocated states of Uttarakhand and Uttar Pradesh, in terms of mutual transfer guidelines, in pursuance of judgment dated 15.12.2010 of Hon’ble Uttarakhand High Court in Writ Petition No. 1698 of 2005 vide which the Hon’ble Court had directed the Central Govt. to dispose of their joint representation.
2. While examining the joint representations mentioned above, it came to the notice of the Central Government that a separate Bench of Hon’ble Uttarakhand High Court in judgment dated 26.07.2010 in Writ Petition No. 79/2008- M.C. Joshi \& others versus State of Uttarakhand and others, had already set aside the mutual transfer policy and the connected guidelines. It was, therefore, felt that in the absence of the mutual transfer guidelines, the representation for mutual transfer could not be considered. It was, therefore, decided to bring the position to the notice of the Hon’ble High Court through a review petition for proper apprisal and reconsideration of the orders. Consequently, review petition No. 324/2013 was filed. The Hon’ble Uttarakhand High Court in judment dated 01.7.2013 has now dismissed the review petition, the operative persons of which is as under : –
“By the review application, review applicant is contending the policy which was directed to be followed by the order under review, had already been struck down by the
Court. If that be so, then, while complying with the directions contained in the order to review, it shall be open to the review applicant to state so. There is no scope of filing the review applicant.”
- The joint representation dated January, 2011, received from Smt. Seema Yadav & Smt. Aruna Choudhary, both Mukhya Sevika in pursuance of the judgment dated 15.12.2010 of Hon’ble Uttarakhand High Court, has been considered by the Central Government in the light of the order dt. 01.07.2013 in the review petition. The applicants have sought mutual transfer for interchange of their respective allocated states of Uttarakhand and U.P. Since the mutual transfer policy as well as the related guidelines are no longer in existence in view of judgment dated 26.7.2010 of Hon’ble Uttarakhand High Court in Writ Petition No. 79/2008 – M.C. Joshi and others, the requests made by the petitioners cannot be accepted.
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The officials may please be apprised of the decision.
Yours faithfully,
(S. Nayak)
Under Secretary to the Govt. of India
Copy to:
i) Principal Secretary, Uttar Pradesh Reorganisation Coordination Department, 46 Bahukhandi Bhawan, Secretariat, Lucknow.
ii) Secretary, Re-organization, Government of Uttarakhand, Secretariat, Dehradun.
iii) Director, Integrated Child Development Scheme, Government of Uttarakhand, Dehradun.
iv) Director, Child Development Services & Nutrition, Government of Uttar Pradesh, Lucknow.
v) The Officials through their controlling offices.
