(C.M. Application No.14727/2018-Delay Condonation Application) Heard.
Cause shown in support of application for condonation of delay in filing application for recall of the order dated 13.11.2014 is sufficient.
Delay is condoned.
Application is allowed.
(C.M. Application No.14729/2018-Recall Application) Heard.
Cause shown for recall of the order dated 13.11.2014 is sufficient.
Recall application is allowed.
The order dated 13.11.2014 is hereby recalled.
The writ petition is restored to its original number.
(order on petition) 1 .Heard learned counsel for petitioner, Sri Raj Kumar Singh, learned counsels for Union of India and learned Standing Counsel.
2. Petitioner who is a class III employee was allocated Uttarakhand Cadre on division of the State by impugned orders dated 07.08.2004 and 18.05.2004. Learned counsel for petitioner submits that similar controversy stands decided in Writ Petition No.2868(S/S) of 2010 by order dated 18.12.2015 by a consensus order of both the State Government. The said order reads as under:
"Heard learned counsel for the petitioner and learned Standing Counsel for the State.
The petitioner was allocated to the State of Uttarakhand by orders dated 19.4.2010 and 15.10.2014 and vide order dated 12.5.2010, this Court stayed the operation of the order dated 19.4.2010 so far as the same relates to the petitioner.
Undisputedly, petitioner is working in the successor State of Uttar Pradesh and has been paid salary.
Learned counsel for the petitioner has placed reliance upon a judgement passed by this Court in a bunch of writ petitions leading case being Writ-A 3636 of 2005 rendered on 22.5.2015 on the basis of which it is argued that as on date, any employee working in the State of Uttar Pradesh is bound to be treated as an employee of State of Uttar Pradesh for all service benefits. The two paragraphs of the aforesaid judgement, being relevant, are reproduced as under:
"Once both the State Governments have agreed that those Class-III and IV employees, who were allocated to Uttrakhand against their options and have not complied with the allocation orders, are still continuing on the basis of interim orders of this Court, their allocation to Uttrakhand should be cancelled and they be allocated to the State where they are presently working, and once concurrence has taken place between the parties, then at this stage it would not be appropriate to displace the persons from one State and send to another State. It is also apparent from the record that in most of the cases the interim orders are operating and the petitioners are working in the departments with utmost their satisfaction. Therefore, this Court is of the view that at this stage, they may not be shifted to the State of Uttrakhand.
In view of the above, all the writ petitions are allowed and the impugned orders are quashed. The respondents are directed to proceed as per the time schedule indicated as above."
That being the position, there is no reason as to why the petitioner may not be extended the benefit of the aforesaid judgement.
Accordingly, the present writ petition is also disposed of in terms of the aforesaid order passed by this Court and the impugned orders insofar as it relates to the petitioner are set aside. Respondents are directed to proceed as per the time schedule indicated in the judgement dated 22.5.2015 rendered in Writ Petition No. 3693 (SS) of 2002 and other connected matters, referred to above."
3. Learned counsel for respondents duly accept the said averment of the learned counsel for petitioner.
4. In view thereof, the present writ petition is also disposed of in terms of aforesaid order dated 18.12.2015 passed in Writ Petition No.2868 (S/S) of 2010 and the impugned orders insofar as it relates to the petitioner are set aside. Respondents are directed to proceed as per the time schedule indicated in the judgment dated 22.05.2015 rendered in Writ Petition No.3693 (S/S) of 2002 and other connected mattes, referred to above Order Date :- 11.2.2021 Arti/-
(Vivek Chaudhary,J.)