Navigating the complexities of state reorganization often involves intricate decisions regarding public service personnel. Recent government pronouncements shed light on several such cases, emphasizing adherence to established policies and judicial directives.
In a significant move concerning the Irrigation Department, several Assistant Engineers who had appealed their allocation to the newly formed state of Uttarakhand have had their positions affirmed. Despite arguments about their original appointment to the plain cadre, the government underscored that districts like Haridwar, though plains, are integral to Uttarakhand. This decision clarifies jurisdictional boundaries post-reorganization. Furthermore, the issue of reservation for dependents of freedom fighters was addressed, with a key clarification that such provisions lack a constitutional basis akin to SC/ST reservations, and states maintain autonomy in their reservation policies.
Meanwhile, the path to resolution for other public service grievances continues. A case involving a constable, previously deliberated by a State Advisory Committee following High Court instructions, has been remitted for further review. This signals a meticulous approach to ensuring all judicial mandates are fully complied with.
Another set of appeals from two constables seeking mutual transfers, also stemming from High Court directives, saw a definitive outcome. The State Advisory Committee, after due consideration, recommended against these transfers, citing that such mutual transfer requests, especially when they involve personnel appointed after the designated reorganization date, fall outside the committee’s purview. This recommendation was upheld by the government, setting a clear precedent on the scope of transfer considerations in such contexts.
SOURCE PDF LINK :
Click to access consideration%20of%20representation.pdf
Click to view full document content
No.27/21/09-SRS
Government of India
Ministry of Personnel, P.G. and Pensions
Department of Personnel \& Training
To
- The Chief Secretary,
Government of Uttar Pradesh,
Lucknow. -
The Chief Secretary,
Government of Uttarakhand,
Deharadun.
Subject: Consideration of representations of Asstt. Engineer (Civil), Irrigation Department – regarding
Sir,
I am directed to refer to the subject noted above and to say that S/Shri Sudhansu Manohar Singh, Pramod Kumar and Shri Rajendra Prasad all Asstt. Engineers (Civil), Irrigation Department have filed representation against inclusion of their name in the TFAL for allocation to Uttarakhand on the ground that they were appointed by the State Public Commission for the posts meant for the Plain Cadre and separate appointments were made for the Hill Cadre. Further Shri Brijesh Kumar Porewal has also submitted representation against this proposed allocation to Uttarakhand on the ground that he was appointed under the freedom fighter’s dependent quota. After detailed discussions, the State Advisory Committee in its meeting held on 20.10.2009, recommended for their allocation to Uttar Pradesh. The recommendations of the State Advisory Committee in respect of S/Shri Sudhansu Manohar Singh, Pramod Kumar and Rajendra Prasad all Assistant Engineers were considered by the Government of India and decided not to accept the representation/recommendation as Haridwar District (a non-hill district) is a part of the successor State of Uttarakhand and forms part of the plain area of erstwhile undivided Uttar Pradesh.
Regarding Shri Brijesh Kumar Porewal, Asstt. Engineer, he was appointed in the Freedom Fighter’s Dependent quota and the State Advisory Committee observed that if the reservation as given to SC/ST/OBC is considered for the Freedom Fighter dependent @ $2 \%$, he would not be allocated to Uttarakhand. The matter of reservation for the Freedom Fighter’s dependents was taken up with the Reservation Division, who have opined that there is no provision in the Constitution to provide reservation in favour of dependents of the freedom fighters. Beside, States/UTs have their own reservation policy. Hence the reservation for the Freedom Fighter’s Dependent is not at par with the reservation of SC/ST. Further total 116 posts of Asstt. Engineer Civil have been allotted to Uttarakhand and not 8 posts as mentioned in the representation of Shri Porewall. $2 \%$ of 116 comes to 2.32 posts
In view of the foregoing the Government of India had not accepted the recommendation of State Advisory Committee and accordingly S/Shri Sudhansu Manohar Singh, Pramod Kumar, Shri Rajendra Prasad and Shri Brijesh Kumar Porewal, all Asstt. Engineers (Civil) Irrigation Department stand finally allocated to Uttarakhand. The officers concerned may kindly be apprised accordingly.
Yours faithfully,
Deputy Secretary to the Govt. of India
- Sh. 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, Irrigation Department, Government of Uttar Pradesh, Lucknow.
- The Principal Secretary, Irrigation Department, Government of Uttarakhand, Dehradun.
[Signature]
No.27/21/09-SRS
Government of India
Ministry of Personnel, P.G. and Pensions
Department of Personnel \& Training
$3^{\text {rd }}$ floor,Lok Nayak Bhavan, New Delhi, March 2010
To
17 MAR 2010
Sh. R.M. Srivastava,
Principal Secretary,
U.P. Reorganisation Coordination Department, Vikas Bhawan,Janpath Market, Lucknow.
Subject: Minutes/recommendations of the State Advisory Committee in the meeting held on 20.10.2009 in respect of Shri Jai Krishan Ram, Constable PAC regarding –
Sir,
I am directed to refer to the subject noted above and to say that the State Advisory Committee in its meeting held on 20.10.2009 considered the representation Shri Jai Krishan Ram, Constable PAC in compliance of the High Court of Allahabad, Lucknow Bench directions dated 28.7.2009.
The Government of India had decided to refer the matter back to the State Advisory Committee as the representation needs to be considered in compliance of the Court’s directions, It is therefore, requested to place the matter before State Advisory Committee again in its next meeting and copy of judgment may also be forwarded at the earliest.
Yours faithfully,
Deputy Secretary to the Govt. of India
Copy to : Shri Shatrughan Singh, Secretary, Reorganisation, Govt. of Uttarakhand, Dehradun.
No.27/21/09-SRS
Government of India
Ministry of Personnel, P.G. and Pensions
Department of Personnel \& Training
$3^{\text {rd }}$ floor,Lok Nayak Bhavan, New Delhi, 19 March 2010
To
- The Chief Secretary, Government of Uttar Pradesh, Lucknow.
- The Chief Secretary, Government of Uttarakhand, Deharadun.
Subject: Consideration of representation of Shri Ram Lakhan Rawat, Shri Sadan Kumar Bharti in compliance of the directions of the Hon’ble High Court of Allahabad, Lucknow Bench directions dated 28.07.2009 in WP No.3708/09- regarding
Sir,
I am directed to refer to the subject noted above and to say that the State Advisory Committee in its meeting held on 20.10 .2009 considered the representations for mutual transfer of Shri Ram Lakhan Rawat and Shri Sadan Kumar Bharti, in compliance of the directions of the Hon’ble High Court of Allahabad, Lucknow Bench directions dated 28.07.2009 in WP No.3708/09. The Committee found that Shri Ram Lakhan Rawat and Shri Sadan Kumar Bharti, constables, PAC had sought mutual transfer with S/Shri Diwan Singh \& Mukesh Singh Rana, Constables respectively. Both Shri Diwan Singh \& Shri Mukesh Singh Rana were appointed on 15.8 .2003 i.e. after the appointed day The Committee therefore recommended to reject their representation for mutual transfer as the consideration of mutual transfer case does not fall under its competence.
2. The Govt. of India has accepted the recommendation of the State Advisory Committee. The officers concur may please be informed accondity
Yours faithfully,
Deputy Secretary to the Govt. of India.
- Sh. 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, PAC Department, Government of Uttar Pradesh, Lucknow.
- The Principal Secretary, PAC Department, Governme