In a recent development, the government has finalized a significant personnel allocation matter, stemming from a 2007 High Court directive. The case involved a Junior Assistant in the Jail Department, Shri O.P. Srivastava, who sought a revision of his state allocation based on compassionate grounds, citing his role as an only son and his mother’s severe health issues. However, upon review by the State Advisory Committee, it was determined that the primary compassionate ground – his mother’s health – no longer applied as she had unfortunately passed away. Consequently, the committee recommended the rejection of his request, deeming the matter infructuous. The Government of India, after carefully considering both the employee’s representation and the committee’s findings, has decided to uphold the recommendation. As a result, the employee will continue his allocation to the successor State of Uttarakhand, solidifying the government’s stance on personnel matters under judicial oversight.
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No.27/07/2011-SRS
Government of India
Ministry of Personnel, P.G. and Pensions
Department of Personnel & Training
To
3rd floor, Lok Nayak Bhavan,
New Delhi, July, 2011
- The Chief Secretary,
Government of Uttar Pradesh,
Lucknow. -
The Chief Secretary,
Government of Uttarakhand,
Dehradun.
Subject: Compliance of directions of the High Court of Allahabad, Lucknow Bench dated 12.12.2007 in W.P. No.8539/2005 linked with 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 representation of Shri O.P. Srivastava, Jr. Asstt., Jail Department regarding
Sir,
I am directed to refer to the subject noted above and to say that Hon’ble High Court of Allahabad, Lucknow Bench dated 12.12.2007 in W.P. No.8539/2005 linked with W.P. No.58/2006 directed that granted same consideration as provided vide order dated 12.12.2007 directing that “The petitioners to make representations expeditiously within a period of fifteen days from today through proper channel. In case the department concerned forwards the representations of petitioners and all those employees who submit their representations keeping in view the order dated 12.12.2007 the respective committee may adjudicate the controversy expeditiously and preferably within a period of one month Subject to the aforesaid directions the writ petitioners are disposed of with no order as to costs.”
- Shri O.P. Srivastava in his representation has raised the following grounds:-
i) Appointed on compassionate grounds
ii) Only son of parents
iii) Mother suffering from high blood pressure, diabetes, asthma and kidney disease -
The representation of Shri O.P. Srivastava received in compliance of the directions dated 12.12.2007 of Hon’ble High Court of Allahabad, Lucknow Bench in Writ Petition
S. AngerNo. 8539/2005 linked with W.P. No. 58 of 2006 on the above grounds was considered by the State Advisory Committee in its meeting held on 14.02.2011. Shri O.P. Srivastava in his representation mentioned the medical grounds of his mother for seeking revision of allocation. The Committee was informed that his mother has already died and as such recommended for rejection of his representation for revision of allocation to Uttar Pradesh, since the matter has become infructuous.
4. The Government of India has considered the representation as well as the recommendations of the Committee and decided to accept the recommendations. Accordingly, Shri O.P. Srivastava, Jr. Asstt., Jail Department continuous to be allocated to the successor State of Uttarakhand. The official concerned may kindly be apprised accordingly.
Yours faithfully,
S. Aage
(S.Najak)
Under Secretary to the Government of India
Copy to:
1. Sh. R.M. Srivastava, Principal Secretary, U.P. Reorganisation Coordination Department, Vikas Bhawan,Janpath Market, Lucknow.
2. The Principal, Secretary, Reorganisation, Govt. of Uttarakhand, Dehradun. $\qquad$
3. The Principal Secretary, Jail Department, Government of Uttar Pradesh, Lucknow. $\qquad$
4. The Principal Secretary, Jail Department, Government of Uttarakhand, Dehradun. $\qquad$