This communication addresses the compliance of directions from the High Court of Uttarakhand concerning the representations of Shri Navneet Tyagi, Mahipal Singh, Arun Kumar Sengupta, and Ajay Kumar from the Home Department, who were seeking mutual transfers. An Advisory Committee, chaired by the Joint Secretary (SR), reviewed these representations on December 1, 2010. However, due to a previous High Court judgment that set aside earlier guidelines on mutual transfers, there is currently no established mechanism to approve such cases. Consequently, the Committee recommended rejecting these representations. The Government of India has accepted this recommendation, and the allocations for the mentioned officials from the Home Department will remain unchanged, continuing under the successor State of U.P. The concerned officials are to be informed of this decision.
SOURCE PDF LINK :
Click to view full document content
F.No.27/30/2010-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: 1) January, 2011
To
1. The Chief Secretary, Government of Uttar Pradesh, Lucknow.
2. The Chief Secretary, Government of Uttarakhand, Dehradun.
Sub. :- Compliance of directions dated 22-03-2007 of High Court of Uttarakhand at Nainital in Writ Petition No.235/07 – Decision on the representations of Shri Navneet Tyagi, Mahipal Singh, Arun Kumar Sengupta and Ajay Kumar, Home Department -regarding.
Sir,
I am directed to refer to the order dated 22-03-2007 of the Hon’ble Uttarakhand High Court on the subject cited above vide which the Hon’ble Court has directed Government of India/State Advisory Committee, to consider the representations of Shri Navneet Tyagi, Mahipal Singh, Arun Kumar Sengupta and Ajay Kumar, Home Department seeking mutual transfer and to say that their representations were considered by the Advisory Committee headed by Joint Secretary (SR) in its meeting held on 01-122010. It was brought to the notice of the Committee that the Hon’ble Uttarakhand High Court in its judgment dated 26-07-2010 in Writ Petition No.79/08 – M.C. Joshi and others Vs. State of Uttarakhand and others, has set aside letters dated 15-09-2004 and 08-06-2006, issued by Government of India on mutual transfer and the consequential guidelines issued by the successor States of U.P. and Uttarakhand. There exists no mechanism at present for approving mutual transfer cases in view the judgment. The Committee, therefore, recommended to reject the representations of the petitioners as these could not be considered.
2. The Government of India has accepted the recommendations of the Committee and accordingly allocations of Shri Navneet Tyagi, Mahipal Singh, Arun KumarSengupta and Ajay Kumar, Home Department, remain unchanged and continues to be the successor State of U.P. The officials concerned may kindly be apprised of the position.
Yours faithfully,
(S. Nayak)
Under Secretary to the Govt. of India
Copy to :-
- Shri R.M. Srivastava, Principal Secretary, U.P. Reorganisation Coordination Department, Secretariat, Vikas Bhawan, Government of U.P, Lucknow.
- Shri D.K. Kotia, Principal Secretary (Reorganisation), Government of Uttarakhand, Dehradun.
- Principal Secretary, Home Department, Government of Uttar Pradesh, Lucknow
- Principal Secretary, Home Department, Government of Uttarakhand, Dehradun
(S. Nayak)
Under Secretary to the Govt. of India
11 JAN 2011 JHC
SENTIGA JHCK OF PAPER TANIMA
DEPT. OF PERSONAL & TRO.
UNITAR JHCK OF THE SECRETARY
REGISTER IN LEGAL LEGAL SECTION
THE FREAL MISSUED