Sudhir Agarwal, J. - (1.) Heard Shri S.P. Srivastava, learned Counsel for the Petitioner and Shri Triloki Singh on behalf of Respondents.
(2.) The impugned order is a consequential order relieving the Petitioner directing him to join the State of Uttranchal pursuant to the allocation of the Petitioner to the State of Uttranchal under the U.P. State Re -organisation Act, 2000 (hereinafter referred to as the 'Act 2000').
(3.) Learned Counsel for the Petitioner has raised two submissions. He says that firstly the persons junior to the Petitioner have been retained in the State of U.P. while Petitioner has been allocated to the State of Uttrakhand (Uttaranchal) though as per the guide -lines laid down by the State Government a committee was constituted for allocation of the employee to the State of U.P and Uttranchal and it was decided that the junior most persons shall be allocated to the State of Uttranchal. He further submitted that some of the employees who belong to the places which are now within the territory of the State of Uttraranchal have been retained in U.P. but the Petitioner has been allocated to the State of Uttranchal. He further submits that Petitioner is not surplus since large number of vacancies are existing in the State of U.P. and therefore, the Petitioner ought not to have been allocated to the Uttranchal lastly. He says that Petitioner is in his advanced age and at this stage, they ought not to be allocated to the State of Uttranchal, since it would disturb the entire family of the Petitioner particularly where permanent residence of the Petitioner is located in the State of U.P.;