Consideration of representations of Shri Guru Prasad, in compliance of the directions dated 17/09/2009 of Hon’ble High Court of Allahabad, Lucknow Bench, Writ Petition No.5835/2009 – regarding

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An important government decision has been made regarding the allocation of a public servant, Shri Guru Prasad, following a directive from the High Court. The court had previously instructed a designated committee to thoroughly review and decide on his representations concerning his posting. Shri Guru Prasad had put forth several reasons for his desired transfer to Uttar Pradesh, including his role as a Sub-Inspector (Special Category) and an appeal against an initial allocation list. Upon careful consideration, an expert advisory committee concluded that his promotion was honorary, not a substantive post, and that his arguments did not align with the established guidelines for personnel reorganization. Consequently, the committee advised against revising his allocation to Uttar Pradesh. The Government of India has now formally endorsed this recommendation, ensuring that Shri Guru Prasad will remain allocated to the state of Uttarakhand as a Head Constable. This definitive decision is slated to be conveyed to the officer shortly.

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No.27/07/2011-SRS
Government of India
Ministry of Personnel, P.G. and Pensions
Department of Personnel \& Training
$3^{\text {rd }}$ floor,Lok Nayak Bhavan,
New Delhi, June 2011
To
1. The Chief Secretary, Government of Uttar Pradesh, Lucknow.
2. The Chief Secretary, Government of Uttarakhand, Dehradun.

Subject: Consideration of representations of Shri Guru Prasad, in compliance of the directions dated 17/09/2009 of Hon’ble High Court of Allahabad, Lucknow Bench, Writ Petition No.5835/2009 – regarding
Sir,
I am directed to refer to the subject noted above and to say that Hon’ble High Court of Allahabad, Lucknow Bench vide judgement dated 17.09.2009 in Writ Petition No. 5835(S/B)/2009 directed that “Keeping in view the circular dated 12.11.2007, the instant appeal is disposed of directing the Committee concerned to decide the appellant’s representations in accordance with law by passing a speaking and reasoned order expeditiously and preferably within a period of three weeks from the date of receipt of a certified copy of this order and communicate the decision to the appellant within next one month and during this period the appellant shall be allowed to discharge his duties in the state of U.P. on the post on which he has been promoted and will be paid his salary”.
2. Shri Guru Prasad in his representation dated 20.9.2009, has raised the following grounds:
(i) working on the post of Sub-Inspector (Spl. Category),
(ii) Representation against Tentative Final Allocation List submitted on 26.10.2005 not yet considered
3. The representation of Shri Guru Prasad received in compliance of the directions dated 17.09.2009 of Hon’ble High Court of Allahabad, Lucknow Bench in Writ Petition No.5835(S/B)/2009 on the above grounds, was considered by the State Advisory Committee in its meeting held on 14.02.2011. The Committee was informed that the promotion given to him is honorary and not substantive. The other grounds mentioned by


him are also nut covered by the Guidelines on Reorganization. The C.smmittee, therefore recommended for rejection of his representation for revision of allocation to Uttar Pradesh.
5. The Government of India has considered the representation as well as the recommendations of the Committee and decided to accept the recommendation. Accordingly, Shri Guru Prasad, Head Constable, continues to be allocated to the successor State of Uttarakhand. The official concerned may kindly be apprised of the decision.

Yours faithfully,
S.Nayak
(S.Nayak)
Under Secretary to the Government of India
Copy to:

  1. Sh. R.M. Srivastava, Principal Secretary, U.P. Reorganisation Coordination Department, Vikas Bhawan,Janpath Market, Lucknow.
  2. The Principal, Secretary, Reorganisation, Govt. of Uttarakhand, Dehradun.
  3. The Principal Secretary, Home Department, Government of Uttar Pradesh, Lucknow.
  4. The Principal Secretary, Home Department, Government of Uttarakhand, Dehradun.
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