This document details the Central Government’s decision to comply with an Uttarakhand High Court judgment dated May 20, 2013, concerning the reallocation of Smt. Pushpa, a Registration Clerk. The court had previously ordered the Central Government to reconsider Smt. Pushpa’s reallocation to Uttarakhand, as her husband had been reallocated there. The judgment emphasized that there was no final allocation for Smt. Pushpa and that the Central Government should decide based on its policies, with Smt. Pushpa remaining in Uttarakhand until a new decision was made.
The Advisory Committee considered this matter and, at the request of the Uttarakhand Government, allowed them to explore filing a review petition. However, the Administrative Department has indicated that they will not file a review petition and have recommended proceeding with a final decision in compliance with the judgment.
Consequently, the Central Government has now allocated Smt. Pushpa, Registration Clerk of the Stamp and Registration Department, to Uttarakhand. This decision has been communicated to the relevant parties, including the Chief Secretaries of Uttar Pradesh and Uttarakhand, and Smt. Pushpa herself.
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F. No.27(C)/81/2010-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: 10 January, 2014
To
The Chief Secretary,
Government of Uttar Pradesh, Secretariat, Lucknow.
The Chief Secretary,
Government of Uttarakhand, Secretariat, Dehradun.
Sub.:-Compliance of judgement dated 20.05.2013 of Hon’ble Uttarakhand High Court in writ petition No. 239(S/B)/2010 – Smt. Pushpa Vs. Union of India \& Ors.
Sir,
I am directed to refer to the judgement dated 20.05.2013 of Hon’ble Uttarakhand High Court in writ petition no.239(S/B)/2010 and to reproduce the operative portion of the judgement as under:-
“The matter is remitted back once again to the Central Government for reconsideration of the representation of the Petitioner for reallocating her to the State of Uttarakhand, in as much as, the husband has been permitted to be reallocated to the State of Uttarakhand. It must be kept in mind that by permitting the husband to be reallocated, the Central Government has permitted the allocation of the Petitioner to the State of Uttarakhand to be recalled or withdrawn. Accordingly, in fact, today, there is no final allocation of the Petitioner to either of the States. On that premise, the Central Government shall consider the case of allocation of the Petitioner to either of the States in accordance with its policies. The Petitioner shall remain in the State of Uttarakhand until such time de novo decision is taken, as directed above.”
2. The matter of allocation of the Petitioner in compliance of the judgement was considered in the last meeting of the Advisory Committee held on 18.09.2013. As per request made by the Uttarakhand Government, the Committee permitted them to explore the possibility of filing a review petition in the judgement and to intimate the outcome to the Central Government for taking a final decision in the matter. The Administrative Department has intimated that it is not contemplating filing of review petition in the judgement and has recommended for taking a final decision in the matter, in compliance of the judgement.3 The Central Government has considered the matter as brought out above and in compliance of the judgement dt. 20.05.2013, allocates Smt. Pushpa, Registration Clerk, Stamp and Registration Deptt., to Uttarakhand. The official may be appraised of the decision.
Yours faithfully,
(S. Nayak)
Under Secretary to the Govt. of India
Copy to: –
- Sh. Ashok Ghosh, Principal Secretary, Uttar Pradesh Reorganization Coordination Department, 46, Bahukhandi Bhawan, Government of Uttar Pradesh, Secretariat, Lucknow- 226001.
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Dr. Hemlata Dhoundiyal, Secretary, State Reorganization, 4 Subhash Marg, Secretariat, Dehradun – 248001.
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Smt. Pushpa, Registration Clerk, Stamp and Registration Deptt., Govt. of Uttarakhand, Dehradun, through Govt. of Uttarakhand.