A recent government communication sheds light on the resolution of long-standing personnel allocation disputes following the reorganization of a major Indian state. Specifically, two senior officials from the Revenue Department had challenged their postings, leading to a directive from the High Court. After careful deliberation, a dedicated committee, adhering to judicial instructions, reviewed the matter. It was found that the officials’ initial appeals had already been thoroughly examined and rejected by a previous advisory body due to their seniority status. Upholding these earlier recommendations, the government confirmed that the officials’ original allocations, determined during the state’s bifurcation, would stand. This decision underscores the commitment to established administrative procedures and judicial compliance in managing transitions impacting public servants.
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No.27/30/2010-SRS
Government of India
Ministry of Personnel, P.G. and Pensions
Department of Personnel \& Training
$3^{\text {rd }}$ floor,Lok Nayak Bhavan, New Delhi, 11 January 2011
To
The Chief Secretary, Government of Uttar Pradesh, Lucknow.
The Chief Secretary, Government of Uttaranchal, Deharadun.
Subject: Compliance of directions of the High Court of Allahabad, dated 19.11.2009 in W.P. No.63725/2006 linked with W.P.No.49431/2005 and other linked cases Decision on the representations of personnel of Revenue Department regarding.
Sir,
I am directed to refer to the order dated 19-11-2009 of the Hon’ble High Court of Allahabad and to say that the representation dated 23.1.2010 of Shri Ghasi Ram Rathore, Tehsidar and Shri Ram Ker Singh, Dy. Collector, Revenue Department received through their advocate, was considered by the Committee headed by Joint Secretary (SR) in its meeting held on 01.12.2010. The Committee noted that the Hon’ble Court had directed as under:-
“The case in which objections are not considered, the same will be considered by the Union of India in consultation with the state/s under section 73 of the Uttar Pradesh Reorganisation Act, 2000 within a period of three months from the date of communication of this order upon giving fullest opportunity of hearing and by passing a reasoned order in the individual cases. At the time of passing order, the authority concerned will give preferential value to the modalities already made known to the parties for the purpose. So far as consequential orders are concerned, since consideration by the Union of India in consultation with the State/s is already over, the consequential orders will be passed also within such period. However the orders which will be passed finally in respect of any of the matters upon consideration of objection or communication of consequential orders will be finally binding upon the parties. Accordingly all the writ petitions are disposed of however without imposing any cost.”
As the representations of Shri Ghasi Ram Rathore, Tehsidar and Shri Ram Ker Singh, Dy. Collector, against Tentative Final Allocation List were already considered by the State Advisory Committee in its meeting held on 06.06 .2006 and recommended for rejection being juniormost in their cadre in the reverse order of seniority, the Committee decided not to reconsider the representations as these were already considered earlier and rejected and accordingly, recommended not to revise their allocation from Uttarakhand to Uttar Pradesh.
The Government of India has accepted the recommendation of the Committee because the division of posts has been agreed to by both the State Governments keeping in view the details of sanctioned posts, category wise, cadre wise, grade wise, as per administrative structure and work requirement of the new successor States and the recommendations of the State Advisory Committee meeting dated 06.06.2006 were according to the guidelines and already accepted by the Government India. Accordingly the allocation of Shri Ghasi Ram Rathore, Tehsidar and Shri Ram Ker Singh, Dy. Collector remain unchanged and they continue to be allocated to the Successor State of Uttarakhand. The Officials concerned may kindly be apprised of the position.
Yours faithfully,
Under Secretary to the Govt. of India
Copy to:
- Sh. R.M. Srivastava, Principal Secretary, U.P. Reorganisation Coordination Department, Vikas Bhawan,Janpath Market, Lucknow.
- Shri D.K. Kotia, Principal Secretary, Reorganisation, Govt. of Uttarakhand, Dehradun.
- The Principal Secretary, Revenue Department, Government of Uttar Pradesh, Lucknow.
- The Principal Secretary, Revenue Department, Government of Uttarakhand, Dehradun.
- Shri Shri Ghasi Ram Rathore, Tehsidar., Tehsil Garautha, Jhansi, Uttar Pradesh.
- Shri Ram Ker Singh, S.D.M.(Dy. Collector), District Ambedkar Nagar, Uttar Pradesh
