- (1.)By means of this writ petition, the petitioner has sought writ in the nature of mandamus commanding the respondents to allow the petitioner to continue in the State of Uttarakhand. He has further sought direction to respondent No. 6 to decide his representation made by him. A writ of certiorari has also been sought quashing the order dated 20th May 2005, whereby petitioner has been allocated State of Uttar Pradesh.
(2.)Heard Learned Counsel for the parties.
(3.)Brief facts of the case are that petitioner Dr. R.K. Sharma was a Licensing Officer at Directorate Ayurvedic and Unani Services, Dehradun. After creation of State of Uttarakhand, petitioner appears to have opted for the new State i.e. State of Uttarakhand. Under Sec. 73 of the U.P. Reorganization Act, 2000, power to allocate the Successor State vested with the Government of India. It appears that in exercise of the power under Sec. 73, the Government of India vide impugned order dated 20th May 2005 allocated petitioner the State of Uttar Pradesh. Accordingly, petitioner appears to have been relieved during the pendency of this writ petition on 02nd July 2007, as is clear from Annexure 1 to the supplementary affidavit filed by the petitioner. However, it appears that State of Uttar Pradesh did not accept the services of the petitioner, as is evident from letter No. 4115/71 -2 -07 -216/07T.C., dated 27th August 2007 (copy Annexure 2 to the supplementary affidavit, filed by the petitioner), wherein the Special Secretary, Government of Uttar Pradesh has written to the Principal Secretary, Medical Health and Family Welfare, Uttarakhand, that since petitioner4s representation is yet to be decided by the Chairman, Advisory Committee (respondent No. 6), the joining of the petitioner is not accepted in the State of Uttar Pradesh.
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