L.NAGESWARA RAO,J. - (1.) In this Appeal the correctness of the order of the High Court directing the respondents in Writ Petition to conduct a review Departmental Promotion Committee (DPC) for considering allotment of the 4th Respondent to earlier batch.
(2.) The State of Uttar Pradesh was reorganized under the Uttar Pradesh Reorganization Act, 2000 (hereinafter referred to as 'the Act'). The State of Uttarakhand was created pursuant to the said Act. The Central Government issued guidelines on 30.09.2000 for allocation of erstwhile employees of the State of Uttar Pradesh amongst the two States. A tentative final allocation list was prepared and circulated to the employees calling for their objections, if they were aggrieved by the proposed final allocation. A State Advisory Committee was constituted by the Central Government. The State Advisory Committee prepared a list of State Civil Service (SCS) Officers on the basis of their seniority for allocation to the State of Uttarakhand. Though, some of the officers joined the services in the State of Uttarakhand, there were others who objected to their allotment. Writ Petitions were filed in the High Court of Judicature at Allahabad questioning the allotment to the State of Uttarakhand. Appellant No.2 was also a party to the Writ Petition. The High Court stayed the orders of allocation during the pendency of the Writ Petitions.
(3.) After considering the objections received from the aggrieved parties, the Central Government issued the final allocation list on 22.04.2003 in accordance with Section 73 of the Act. By a judgment dated 11.12.2003, the High Court dismissed the Writ Petition filed by Appellant No.2 and others challenging the allocation to the State of Uttarakhand. Aggrieved by the judgment of the High Court, Appellant No.2 and other SCS Officers including Respondent No.4 filed Special Leave Petitions (SLPs) in this Court. By an order dated 07.01.2004, this Court directed the authorities to maintain the status quo.;