Navigating inter-state service allocations for government officials can be a complex process, particularly when judicial interventions and personal circumstances come into play. A recent case highlighted the intricacies involved when a medical officer’s final state allocation was decided, stemming from a High Court directive. The officer, Dr. Anupam Chaturvedi, initially opted for Uttarakhand following the state’s formation. Historical records from a 2005 allocation order indicated that numerous medical officers, including several junior to him, had been assigned to Uttarakhand based on their preferences, suggesting Dr. Chaturvedi would have been allocated there if considered at that time due to his seniority.
However, a subsequent writ petition saw Dr. Chaturvedi seeking allocation to Uttar Pradesh, citing medical hardship due to his father’s illness. This request brought to light an important aspect of personnel policy: the medical hardship facility is typically extended to employees seeking allocation to the state they have already opted for, not to change an existing option. Under the State Reorganization Scheme, once an option is exercised, it generally cannot be altered. Consequently, after careful consideration and in compliance with the High Court’s judgment and Section 73 (2) of the U.P. Reorganization Act, 2000, the Central Government confirmed Dr. Chaturvedi’s allocation to Uttarakhand, upholding the principles of the reorganization act and established allocation rules.
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F.No.27(C)/04/2012-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: 26 June, 2012
To
26 JUN 2012
The Chief Secretary, Government of Uttar Pradesh, Lucknow.
The Chief Secretary, Government of Uttarakhand, Dehradun.
Sub.:- Final Allocation of Dr. Anupam Chaturvedi, Medical Officer in pursuance of order dt. 14.03.2012 in W.P. No. 33 (S/B) of 2012 – Dr. Anupam Chaturvedi Vs. State of Uttarakhand and others.
Sir,
I am directed to refer to Order datd 14-03-2012 vide which Hon’ble Uttarakhand High Court in W.P. No. 33 (S/B) of 2012, filed by Dr. Anupam Chaturvedi, Medical Officer, Medical and Health Department, has directed Respondent No. 2 (Union of India) to decide the allocation of the petitioner to either of the States as quickly as possible but not later than one month from the date of service of the copy of the order upon the Respondent. Subsequently, the Hon’ble Court by order dt. 26.04.2012, extended the deadline by two months more.
2. The allocation of Dr. Anupam Chaturvedi to either of the States has now been considered by the Central Government in compliance of judgment of the Hon’ble Court. It is found that he had opted for the State of Uttarakhand. From the final allocation order dated 05-10-2005 vide which 64 medical officers, all optees have been allocated to tatarakhand. It is seen that 18 optees junior to him have been allocated to Uttarakhand. Since he is a senior optee, his name would have been included in the TFAL and consequently allocated to Uttarakhand had he been considered for allocation in 2005.
3. In the Writ Petition filed by him, he has also sought allocation to Uttar Pradesh under medical hardship on the ground of his father’s affliction with cancer. However, he cannot be considered under medical hardship as it is applicable to those employees who want to avail the medical hardship facility for allocation to the State opted for by them. Since Dr. Chaturvedi’s
medical hardship facility for allocation to the State opted for by them. Since Dr. Chaturvedi’s option shall be changed under medical hardship, it shall not be available to him. Once exercised, option cannot be altered under the State Reorganization Scheme.
4. In view of the position brought out above, Dr. Anupam Chaturvedi is to be allocated to Uttarakhand as per his option. Accordingly, the Central Government hereby allocates him to Uttarakhand in terms of Section 73 (2) of the U.P. Reorganization Act, i.u00. He may be apprised of the allocation.
Yours faithfully,
Rafit Thai
Director
Copy to:
i) Shri Prashant Trivedi, Secretary, Uttar Pradesh Reorganisation Coordination Department, Government of U.P, 47, Naveen Bhawan, Secretariat, Lucknow-226001
ii) Additional Secretary (Independent Charge), State Reorganization, Uttarakhand, Dehradun.
iii) Shri B. P. S. Mer, Central Govt. Counsel, Uttarakhand High Court, 7, May Villa Compound, Tallital, Nainital with the request that the allocation may please brought to the notice of Hon’ble Court.
