Decision on Home Guard Personnel Allocation to Uttarakhand following High Court Directive

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A recent communication from the Government of India has clarified the standing of Home Guard personnel amidst state reorganisation. Prompted by a High Court directive, a committee meticulously reviewed numerous individual appeals from personnel seeking re-allocation to Uttar Pradesh, often citing compelling personal circumstances such as elderly parents or sick family members requiring local medical care. However, the committee consistently determined that these requests, many of which had been previously considered, did not meet the criteria outlined in existing reorganisation guidelines, particularly concerning seniority. As a result, the Government of India has affirmed that these Home Guard personnel will continue to be allocated to the successor State of Uttarakhand, reinforcing the established framework for inter-state service distribution.

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No.27/02/10-SRS

Government of India
Ministry of Personnel, P.G. and Pensions
Department of Personnel \& Training
$3^{\text {rd }}$ floor,Lok Nayak Bhavan, New Delhi, 19 April 2010

To
The Chief Secretary,
Government of Uttar Pradesh,
Lucknow.
The Chief Secretary,
Government of Uttaranchal,
Deharadun.
Subject: Compliance of directions dated 12-12-2007 of the High Court of Allahabad, Lucknow Bench in W.P. No. 58 of 2006- Shri Sher Singh vs Union of India \& Ors and linked cases/cases eligible for same treatment -Decision on the representations of the personnel belonging to Home Guard Department regarding –

Sir,
I am directed to refer to the direction of the Hon’ble High Court of Allahabad, Lucknow Bench in its order dated 12.12.2007 and to say that the representations of the following personnel of Home Guard Department were considered by the Committee headed by Joint Secretary, (A,T, A\&CS) in its meeting held on 24.02 .2010 and recommendations made as mentioned against each hereunder:-

Sl.
No.
Petitioners name/W.P.
No. and Order date
Grounds for request Recommendations of the Committee
1. Haricharan Singh
Yadav, Havildar,
W.P.No. 7384(S/S)
$/ 2004$ dt. 28.7.2009
Domicile of UP.Aged mother, taking treatment in command Hospital, Lucknow Repn. already Considered by SAC in its meeting held on 11-03-2004 and rejected being Junior most in the reverse order of Seniority. Grounds for request are not covered under guidelines of Reorganisation and hence recommended for rejection.
2. Veer Pal Singh, Havildar, W.P. No. 7384(S/S)/2004 dt. 28.7.2009 Domicile of UP. Repn. already Considered by SAC in its meeting held on 11-03-2004 and rejected being Junior most in the reverse order of Seniority Grounds for request not covered under guidelines of Reorganisation and hence recommened for rejection.
3. Ram Sumiran, Havildar 7384(S/S)/2004 dt. 28.7.2009 Domicile of U.P. The petitioner is the only son to his parents. Aged mother, suffering from old age diseases and requires treatment quite often. Repn. already Considered by SAC in its meeting held on 11-03-2004 and rejected being Junior most in the reverse order of Seniority Grounds for request not covered under guidelines of Reorganisation and hence recommended for rejection.
4. Santosh Kumar Srivatsav, Havildar, 7384(S/S)/2004 dt. 28.7.2009 Domicile of U.P. Aged mother suffering with frequent health problems and is being treated in Lucknow. Repn. already Considered by SAC in its meeting held on 11-03-2004 and rejected being Junior most in the reverse order of Seniority Grounds for request not covered || | | |
5. Dheerendra Pal Singh, Havildar, 7384(S/S)/2004 dt. 28.7.2009 Domicile of UP. Mother is old aged and also heart patient and is being treated in Lucknow. under guidelines of Reorganisation and hence recommended for rejection.
Repn. already Considered by SAC in its meeting held on 11-03-2004 and rejected being Junior most in the reverse order of Seniority Grounds for request not covered under guidelines of Reorganisation and hence recommended for rejection.
6. Jwala Prasad W.P. 1516(S/S)/2005 dt. 28.7.2009 Domicile of U.P. Wife is suffering with leprosy & is being treated in Lucknow and . Repn. already Considered by SAC in its meeting held on 11-03-2004 and rejected being Junior most in the reverse order of Seniority. Grounds for request not covered under guidelines of Reorganisation and hence recommended for rejection.
7. Daya Shankar Trivedi, Driver, W.P.No. 1518(S/S)/2005 dt. 28.7.2009 Domicile of U.P. Has to take care of blind mother and physically handicapped younger brother. Class IV employee. Repn. already Considered in SAC in its meeting held on 11-03-2004 and rejected being Junior most in the reverse order of Seniority Grounds for request not covered under guidelines of Reorganisation. Confirmed by Principal Secretary UPRCD as Class-III employee and not a Class-IV employee. Hence recommended for rejection.
8. Ramachandra Saroj, Driver W.P.No. 1567(S/S)/2005 dt. 12.12.2007 Domicile of U.P. Has to take care of his large family and aged father suffering from old age diseases and requires treatment quite often. Class IV employee Repn. already Considered by SAC in its meeting held on 11-03-2004 and rejected being Junior most in the reverse order of Seniority. Grounds for request not covered under guidelines of Reorganisation. Confirmed by Principal Secretary UPRCD as Class-III employee and not a Class-IV employee. Hence recommended for rejection.
9. Ram Shabdh Mishra, Havildar, 1567(S/S)/2005 dt. 12.12.2007 Domicile of U.P. Has to take care of his large family and aged parents suffering from old age diseases and requires treatment quite often Repn. already Considered by SAC in its meeting held on 11-03-2004 and rejected being Junior most in the reverse order of Seniority Grounds for request not covered under guidelines of Reorganisation and hence recommended for rejection.
10. Ajay Kumar Rawath, Havildar 7384(S/S)/2004 dt. 28.7.2009 Appointed on compassionate grounds after death of his father. Petitioner’s wife is suffering from allergic Bronchities, Arthiritis, Asthma and she is being treated in District Hospital, Agra. Repn. already Considered by SAC in its meeting held on 11-03-2004 and rejected being Junior most in the reverse order of Seniority. Grounds for request not covered under guidelines of Reorganisation and hence recommended for rejection.
13. Brijesh Kumar Singh, B.O. 7384(S/S)/2004 dt. 28.7.2009 Domicile of U.P. Aged parents, suffering from old age diseases and requires treatment quite often. Repn. already Considered by SAC in its meeting held on 11-03-2004 and rejected being Junior most in the reverse order of Seniority Grounds for request not covered under guidelines of Reorganisation and hence recommended for rejection. |The Government of India has accepted the recommendation of the Committee and accordingly the above personnel of the Home Guard Department continue to be allocated to the successor State of Uttarakhand. Officers concerned may kindly be apprised of the position.

Yours faithfully,

(S. Nayak)

Under Secretary to the Government of India.

Copy to:

  1. Shri R.M. Srivatsava, Principal secretary, U.P. Reorganisation Coodination Department, Vikas Bhawan, Janpath Market, Lucknow.
  2. Shri Subhash Kumr, Principal Secretary, Reorganisation, Govt. of Uttarakhand, Dehradun.
  3. The Principal Secretary, Home Guard Department, Govt. of Uttar Pradesh, Lucknow.
  4. The Principal Secretary, Home Guard Department, Govt. of Uttarakhand, Dehradun.
  5. Haricharan Singh Yadav, Havildar, Niwasi Gram Gowri, Post Kakori, Kokari Police Station, Lucknow.
  6. Veerpal Singh, Havildar, Village – Dhanwaria, Post – Jarwal Road, Janpadh Baharaich.
  7. Ram Sumiran, Havildar, Village – Bhattapura, Post – Samdha, Thana – Asoha, Janpadh Unnav.
  8. Santosh Kumar Srivatsava, Havildar, Gram – Nasirpur, Thana Aurangabadh, Kanpur Dehath.
  9. Direndra Pal Singh, Havildar, Mohalla Barratola, Kaswa Ujani, Janpadh Badhayun.
  10. Jwala Prasad, 1276, Shanti Vihar, Gali No. 4, Sithoura Road, Bareilly.
  11. Daya Shankar Trivedi, Driver, Gram -= Mangaroul, Tehsil-Kalpi, Janpadh Jalon, U.P.
  12. Ramachandra Saroj, Driver, Gram Badhumar, Upadhyayapur Post, Thana Anthu, Janpadh – Pratapgarh.
  13. Ram Shabdh Mishra, Havildar, Gram Nevusa, Post – Jiwa, Thana Bhansi, Sidharthnagar District.
  14. Ajay Kumar Rawat, Havildar, Gram Malikpur, Post Judawai, Thana – Farah, J anpadh Mathura Road.
  15. Brijesh Kumar Singh, B.O., Gram Thatharpur, Post – Haiderpur, Thana Ajitmal, Janpadh Aurya, U.P.