Navigating the complexities of state reorganization often involves intricate administrative and legal processes, especially concerning personnel allocation. Recently, a significant decision was reached regarding the allocation of an Assistant District Panchayat Officer (Technical) following a directive from the High Court of Allahabad. The court had mandated a review of representations made by Panchayati Raj Department personnel, ensuring due process and reasoned orders.
A dedicated committee, acting on the High Court’s instructions, thoroughly re-examined the objections raised by the official concerning their inclusion in the tentative final allocation list. It was noted that the State Advisory Committee had previously considered and rejected this representation years ago, primarily due to the individual being the juniormost in their cadre in the reverse seniority order. No new grounds for reconsideration were presented during the recent review.
Ultimately, the Government of India upheld the committee’s recommendation. The decision emphasized that the division of posts between the newly formed states, Uttar Pradesh and Uttarakhand, had been carefully orchestrated, factoring in administrative structures, work requirements, and adhering to established guidelines. Consequently, the official’s allocation to the successor state of Uttarakhand remains firm. This conclusion highlights the rigorous adherence to judicial directives and established administrative procedures in managing public sector transitions.
SOURCE PDF LINK :
Click to view full document content
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, 1] 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.49431/2005 and other linked cases -Decision on the representations of personnel of Panchayati Raj 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 22.12.2009 and dated 09.11.2010 of Shri Devender Singh, Assistant District Panchayat Officer(Technical) 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 representation of Shri Devender Singh, objecting to inclusion of his name in the Tentative Final Allocation List, was already considered by the State AdvisoryCommittee in its meeting held on 28.01 .2005 and rejected being juniormost in his cadre in the reverse order of seniority, the Committee decided not to reconsider his representation as no other different ground was mentioned in it and accordingly, recommended for not revising of his allocation from Uttarakhand to Uttar Pradesh
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 28.01 .2005 were according to the guidelines and already accepted by the Government India. Accordingly the allocation of Shri Devender Singh remains unchanged and he continues to be allocated to the Successor State of Uttarakhand. The Official concerned may kindly be apprised of the position.
Yours faithfully,
S. Nayak
(S. Nayak)
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, Panchayat Raj Department, Government of Uttar Pradesh, Lucknow.
- The Principal Secretary, Panchayat Raj Department, Government of Uttarakhand, Dehradun.
- Shri Devender Singh, Assistant District Panchayat Officer (Technical), Udham Singh Nagar, Uttarakhand.