In a significant move resolving long-standing personnel matters, the government has announced its final decision regarding the allocation of several officials, particularly within the horticulture department. This determination comes as a direct response to directions issued by the Hon’ble High Court, which sought clarity on the cadre allocation of petitioners following state reorganization. The decision, based on thorough review by the State Advisory Committee and established service rules, affirms that these officials are allocated to the state of Uttarakhand. It highlights adherence to existing guidelines and the acceptance of seniority lists that predated the state’s bifurcation, ensuring a fair and transparent resolution for those whose services were deemed transferable to the newly formed hill region.
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No. 27/02/2008-SRS
Government of India
Ministry of Personnel, P.G. and Pensions
Department of Personnel & Training
3rd Floor, Lok Nayak Bhawan, Khan Market, New Delhi- 3
Dated -10-2009
To
The Chief Secretary,
Government of Uttar Pradesh,
Lucknow.
The Chief Secretary,
Government of Uttaranchal,
Deharadun.
Subject: Compliance of Hon’ble High Court Allahabad directions in W.P. No. 39253/2004 and 42374/2007, S.M.P. Patel & Others vs. State of U.P. & Others, Writ Petition NO. 40037/2004, Ramayan Singh & Others vs. State of U.P. & Others and also linked Writ Petitions- Decision on the representations of Petitioners.
Sir,
I am directed to refer to the directions of the Hon’ble High Court of Allahabad at in W.P. No. 39253/2004 and 42374/2007, S.M.P. Patel & Others vs. State of U.P. & Others, Writ Petition NO. 40037/2004, Ramayan Singh & Others vs. State of U.P. & Others and also linked Writ Petition involving the following officials:-
- Sri S.M.P Patel, District Horticulture Officer
- Sri Vijay Bahadur Maurya, District Horticulture Officer
- Sri Rakesh Kumar Saxena, District Horticulture Officer
- Sri Poojan Ram, District Horticulture Officer
- Sri Raj Mani Sharma, District Horticulture Officer
- Sri Ram Karan Pal, District Horticulture Officer
- Sri Shailendra Shukla, District Horticulture Officer
- Dr. Radha Mohan Rai, Senior Research Assistant
- Sri Chandra Prakash Maurya, Senior Research Assistant
- Sri Raj Karan Tiwari, Senior Research Assistant
- Sri Pyare Mohan Srivastava, Senior Research Officer
- Dr. V.S. Srivastava, Research Officer (Planning)
- Sri K.K. Maruya, District Horticulture Officer
- Sri Indra Bahadur Singh, Horticulture Inspector Group II15. Sri Vijay Shankar Gupta, Horticulture Inspector Group II
- Sri Sureshwar Prasad Singh, Horticulture Group II
- Sri Chandra Prakash Singh, Horticulture Inspector Group II
- Sri Jay Prakash Pandey, Horticulture Inspector Group II
- Sri Hakim Singh, Horticulture Inspector Group II
- Sri Narpal Singh, Horticulture Inspector Group II
- Sri Dharmendra Kumar, Horticulture Inspector Group II
- Sri Ram Niwas Singh Yadav, Horticulture Inspector Group II
- Sri Chandra Prakash, Horticulture Inspector Group II
- Sri Pankaj Mohan Srivastava, Horticulture Inspector Group II
- Sri Nakshatra Pal, Horticulture Inspector Group II
- Dr. R.S. Pal, Assistant Horticulture Inspector
- Sri Mukut Singh, Horticulture Inspector
- Sri Shashi Murari Pandey, Assistant Horticulture Inspector
- Sri Babu Lal Verma, Assistant Horticulture Inspector
- Sri O.P. Rai, Assistant Horticulture Inspector
- Sri Ramayan Singh, Assistant Horticulture Inspector
- Sri Ram Sahai Yadav, Assistant Horticulture Inspector
- Sri Ramakant Yadav, Assistant Horticulture Inspector
- Sri Chandra Prakash Katiyar, Assistant Horticulture Inspector
- Sri Ghanshyam Singh, Assistant Horticulture Inspector
- Sri Dilshad Ahmad, Assistant Horticulture Inspector
- Sri Rakesh Babu Katiya, Assistant Horticulture Inspector
- Sri Mahaveer Singh, Assistant Horticulture Inspector
- Sri Kamlesh Dutt Mishra, Assistant Horticulture Inspector
- Sri Babadeen Gupta, Assistant Horticulture Inspector
- Sri Thakur Prasad Maurya, Assistant Horticulture Inspector
- Sri Dori Lal, Assistant Incharge Group II
- Sri Swami Nath, Mali
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The representations of the Petitioners were considered by the SAC in its meeting held on 16-01-2009 and recommended for allocation to Uttarakhand. However on the request of the Central Government, the allocation issue of Horticulture Department was received by the SAC in its meeting held on 10-07-2009. The Committee found that the directorates was decided into of Horticulture, one for the hill region and the other for the plain region of the erstwhile State of Uttar Pradesh, on April 06, 1989. At the time of establishment of new directorate, no options were called from the personnel of the department. There were no service rules at the time of establishment of the new directorate. The service rules of class one officers were framed on September 23, 1991 and of class 2 officer on May 28, 1990. The service rules for class 3 employees were framed on June 19, 1993. In all the three rules, there were provisions for separate cadres for hill and plain directorates. In pursuance of the provisions of the service rules, seniority lists of different cadres of both the directorates were finalized much before the bifurcation of the state. It is evident that the petitioners have by their conduct accepted those seniority lists. This would mean that they had agreed to work under the directorate of horticulture of the hill region. Government of India has allocated the personnel, who services were transferable within the territory of Uttarakhand, to the State of Uttarakhand vide orderdated September 11, 2001. The Hon’ble High Court in the order dated September 06, 2007 has directed to State Advisory Committee to decide as to whether the petitioner would continue as officers of the State cadre of Uttar Pradesh or not. As per the guidelines and the orders of Government of India and the service rules framed by the then Government of Uttar Pradesh, it is clear that the services of petitioners were not transferable in the entire state of the erstwhile Uttar Pradesh but were transferable only within the twelve hill districts of Kumaun and Garhwal region. The Committee was of the view that the petitioner stand finally allocated to Uttarakhand in accordance with the guidelines of the allocation dated 11-09-2001 and recommended for rejecting of their representation.
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The Government of India has accepted the recommendation of the Committee and accordingly Petitioners stand allocated to Uttarakhand as per the guidelines dated 11-09-2001. Officers concerned may kindly be apprised of the position.
Yours faithfully,
( V. Peddanna)
Deputy Secretary to the Govt. of India.
Copy to:
- Shri R.M. Srivastava, Principal Secretary, U.P. Reorganisation Coordination Department, Vikas Bhawan, Janpath Market, Lucknow.
- Shri Shatrughan Singh, Principal Secretary, Reorganisation, Govt. of Uttarakhand, Dehradun.
- The Principal Secretary Horticulture Department, Govt. of Uttar Pradesh, Lucknow.
- The Principal Secretary Horticulture Department, Govt. of Uttarakhand, Dehradun.
Deputy Secretary to the Govt. of India.
[Signature]