This document details the Central Government’s decision to reallocate ASI Diwan Singh Chamiyal to Uttarakhand. This action is in compliance with a High Court order from April 11, 2013, which directed a reconsideration of Chamiyal’s allocation. Previously, Chamiyal, despite being senior to another allocated officer, was erroneously excluded from the tentative allocation list. Following comments from the Uttar Pradesh and Uttarakhand state governments, and acknowledging Chamiyal’s seniority, the Central Government has now allocated him to Uttarakhand as per his preference.
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F. No.27(C)/29/2009-SRS
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training
3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi
Dated: August, 2013
To
- The Chief Secretary,
Government of Uttar Pradesh,
Lucknow. -
The Chief Secretary,
Government of Uttarakhand,
Uttarakhand.Sub.: Consideration of revision of allocation of Sh. Diwan Singh Chamiyal, ASI(M), Vigilance Department, to Uttarakhand in pursuance of order dated 11.04.2013 of Hon’ble Uttarakhand High Court, in Special Appeal No.224 of 2008.
Sir,
I am directed to refer to the judgment dated 11.04.2013 of Hon’ble Uttarakhand High Court in Special Appeal No.224 of 2008 on the subject cited above, vide which the Hon’ble Court has directed as under:-
“We, accordingly, allow the appeal, set aside the judgment and order under appeal and, at the same time, allow the writ petition by quashing the allocation of the appellant / writ petitioner to the State of Uttar Pradesh, with a direction upon the Central Government to reconsider the option of the appellant / writ petitioner in the light of the policy adopted by the Central Government / State Advisory Committee as quickly as possible. Until then, appellant / writ petitioner shall be permitted to serve the State of Uttarakhand, where he is presently serving. In the event, Central Government, after consideration of the option of the appellant/writ petitioner, allocates him to the State of Uttar Pradesh, reasons must be furnished in the order as to why the option is not being acceded to.”
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A representation received from Smt. Deepa Chamiyal, W/o Sh. Diwan Singh Chamiyal enclosing a copy of the relevant portion of the seniority list in which Shri Chamiyal is shown to be senior to the second optee allocated to Uttarakhand, Sh. Tilak Ram, was forwarded to both the State Govts. of UP and Uttarakhand, for comments. The State Governments were reminded urgently to expedite their comments in pursuance of the judgment. The Director (Vigilance),Govt. of UP in his comments under his letter dated 08.08.2013, has stated that although Sh. Chamiyal was senior (Seniority No.15) to the second optee, Sh. Tilak Ram (Seniority No.27), the name of Sh. Chamiyal was not included in the Tentative Final Allocation List erroneously and as such he could not be allocated to Uttarakhand.
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It may be pointed out here that only two officials, Namely, S/Sh. Chandan Singh and Tilak Ram, both ASI(M), were allocated to Uttarakhand on the basis of their options against the two posts of ASI(M) allocated to Uttarakhand. It is evident from the comments of the State Govt that had Sh. Chamiyal been included in the TFAL at the time of finalization of allocation, he would have been allocated to Uttarakhand being senior optee.
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In view of the position brought out above, the Central Government has considered the matter of allocation of Sh. Diwan Singh Chamiyal, ASI(M) to Uttarakhand and hereby allocates Sh. Chamiyal to Uttarakhand, as per his option, in compliance of the judgement dated 11.04.2013 of Hon’ble Uttarakhand High Court.
The official may kindly be apprised of the position.
Yours faithfully,
(Mona Singh)
Director
Copy to:-
(1) Principle Secretary, Uttar Pradesh Re-organisation Co-ordination Department, 46, Bahukhandi Bhawan, Secretariat, Govt. of U.P., Lukhnow.
(2) Secretary, Re-organization, Govt. of Uttarakhand, 4, Subhash Marg, Secretariat, Dehradun.
(3) Director, UP Vigilance Organization, Govt. of UP, T.C.B.-44, Vibhuti Khand. Lucknow.
(4) Director, Vigilance, Govt. of Uttarakhand, Nainital Sector, Haldwani.
27 AUG 2013 11:12
जारी किया/155426