This document details the implementation of a significant judgment by the Uttarakhand High Court on May 30, 2013. The court’s ruling quashed a relieving order and affirmed that an employee, Subhash Chandra Tyagi, JE (Civil), was indeed allocated to the State of Uttarakhand and was entitled to serve there. Following this, the Central Government requested the State Government to consider filing a review petition. However, the Law Department of Uttarakhand advised that such a review would likely be futile and unlikely to succeed. Consequently, the Central Government has decided to accept the judgment. Sh. Subhash Chandra Tyagi will now be officially allocated to Uttarakhand as per the court’s decision. The Government of Uttar Pradesh is requested to take necessary action to relieve the employee, and copies of this directive have been sent to relevant departments in both Uttar Pradesh and Uttarakhand, as well as to Sh. Tyagi himself.
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F. No.27C)/83/2008-SRS
Government of India
Ministry of Personnel, P.G. & Pensions
(Department of Personnel & Training)
3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi
Dated: February, 2014
To
The Chief Secretary,
Government of Uttar Pradesh,
Lucknow.
The Chief Secretary,
Government of Uttarakhand,
Dehradun.
Sub.:- Implementation of judgement dated 30.05.2013 of Hon’ble Uttarakhand High Court in Writ Petition No.205(S/B)/2008 – Subhash Chandra Tyagi Vs. Union of India & Ors.
Sir,
I am directed to refer to judgement dated 30.05.2013 cited above vide which the Hon’ble Uttarakhand High Court has quashed the relieving order of the Petitioner and held that he stands allocated to the State of Uttarakhand and that he is entitled to serve in the State of Uttarakhand for which appropriate steps have to be taken by the State of Uttarakhand.
- The Central Government considered the matter and had requested the State Government to explore the possibility of filing review in the judgement. The State Government of Uttarakhand has since intimated that the Law Department has advised that it will be futile to file review petition in the matter as the petition is unlikely to succeed.
-
Keeping in view the position brought out above, it has been decided to accept the judgment and accordingly, Sh. Subhash Chandra Tyagi, JE (Civil), shall be treated as
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allocated to Uttarakhand in compliance of the judgement of the Hon’ble Court. Govt. of UP may take further action to relieve him.
Yours faithfully,
(S. Nayak)
Under Secretary to the Govt. of India
Copy to :-
- Principal Secretary, Uttar Pradesh Reorganisation Coordination Department, 46, Bahukhandi Bhawan, Secretariat, Lukhnow.
- Principal Secretary, PWD, Govt. of UP., Secretariat Lucknow.
- Secretary, Reorganization, Govt. of Uttarakhand, 4 Subhash Road, Dehradun.
- Secretary, PWD, Govt. of Uttarakhand, 4 Subhash Road, Dehradun, w.r.t. his letter No.273/111(1)/14-107(from)/08 dated 28.01.2014.
- Sh. Subhash Chandra Tyagi, Assistant Engineer (Civil), Sub-Division 1, Office of the Chief Engineer, PWD, 96, Mahatma Gandhi Marg, Lucknow.