A recent administrative decision has resolved a long-standing personnel allocation matter, ensuring fairness and adherence to judicial directives. The case involved a staff nurse, Smt. Shanti Sharma, whose posting between two states became the subject of a High Court ruling. Initially, a central government directive had placed her in Uttar Pradesh. However, the Uttarakhand High Court intervened, nullifying that decision and emphasizing the need to consider the nurse’s original option and her domicile status. Following this judicial guidance, and after a thorough review of her records, the central government has now confirmed her allocation to Uttarakhand. This final decision acknowledges her eligibility as a woman opting for Uttarakhand and her status as a domicile of the state, ensuring the resolution aligns with both administrative policy and judicial oversight.
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F. No.27(C)/45/2011-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: June, 2013
To
1. The Chief Secretary, Government of Uttar Pradesh, Lucknow.
2. The Chief Secretary, Government of Uttarakhand, Uttarakhand.
Sub.:- Allocation of Smt. Shanti Sharma, Staff Nurse in compliance of order dated 05.03.2013 of Uttarakhand High Court in Writ Petition No.127(S/B)/2011 – Shanti Sharma Vs. State of Uttarakhand \& Ors.
Sir,
I am directed to refer to the Order dated 05.03.2013 of Hon’ble Uttarakhand High Court in Writ Petition No.127(S/B)/2011, the operative portion of which is as under:-
“In the Circumstances, it appears to us that in view of absence of appropriate document, the Central Government has apparently acted contrary to its policy of allocating a lady opting for the State to that State. We, accordingly, quash that order of the Central Government, by which the petitioner has been allocated to the State of Uttar Pradesh. We direct the State Government of Uttarakhand to make available to the Central Government all records pertaining to the petitioner, including her option in original as quickly as possible, but not later than six weeks from today. The Central Government is directed to take a decision on the said option, having regard to the other records of the petitioner and the policy adopted by the Central Government in relation to allocation matters and communicate the same to the petitioner. Until such time a fresh decision is taken by the Central Government, petitioner shall not be relieved by the State of Uttarakhand for joining the State of Uttar Pradesh.”
2. In pursuance of the judgement, the Administrative Department has provided a copy of the option of the Petitoner vide which she has opted for Uttarakhand. The Department has
further certified that she was not appointed into hill sub-cadre and that she is also a domicile of the State of Uttarakhand.
3. The Central Government has considered the records/information made available by the State Government and has found Smt. Shanti Sharma, Staff Nurse eligible for allocation to Uttarakhand being a woman optee for the State. Accordingly, she is hereby allocated to Uttarakhand in compliance of order of the Hon’ble Court.
4. The concerned employee may please be informed of the decision.
Yours faithfully,
14-6-2013
(S. Nayak)
Under Secretary to the Govt. of India
Ph. No. 011-24624235
Copy to :-
(1) Principle Secretary, Uttar Pradesh Reorganisation Coordination Department, Room No.47, Bahukhandi Bhawan, Secretariat Lucknow.
(2) Principle Secretary, Medical \& Health Department, Govt. of Uttarakhand, Secretariat, Lucknow.
(3) Secretary, Reorganization, Govt. of Uttarakhand, Secretariat, Dehradun.
(4) Sh. Piyush Singh, Additional Secretary, Medical \& Health Department, Govt. of Uttarakhand, Secretariat, Dehradun with reference to letter No.643/XXVIII-3-20131482/2011 dated 04.06.2013.
