- (1.) Heard Shri T.P. Singh, Sr. Advocate assisted by Shri Ajal Krishna for the petitioner in Writ Petition No. 29235 of 2009. Shri S.K. Vishwakarma and Shri R.K. Misra have appeared for the petitioner in Writ Petition No. 30443 of 2009. Shri Satish Chaturvedi, AAG assisted by Shri S.N. Srivastava appears for the State respondents. Shri Triloki Singh and Shri Shashi Sekhar Tiwari, Standing Counsel appear for the Central Government-respondent No. 2.
(2.) The petitioners were appointed on the substantive post of Senior Instructors in the Department of Rural Development, Government of U.P. They were promoted as District Training Officer and at present they are working as 'Extension Training Officers' under Deen Dayal Upadhyay State Institute of Rural Development, Baxi Ka Talab, U.P. Lucknow under the Department of Rural Development, Government of U.P. Lucknow. By these writ petitions they have challenged their final allocation by the State Advisory Committee, constituted by the Government of India to be transferred to the new State of Uttaranchal (Now Uttarakhand) under the U.P. Reorganisation Act, 2000. By interim orders dated 9.6.2009 and 22.6.2009 their relieving from the State of U.P. and joining in the State of Uttaranchal (Uttarakhand) was made subject to the decision of the writ petition.
(3.) The State Advisory Committee constituted by the Government of India for bifurcation of the cadres and allocation of the State employees to the newly created State of Uttarakhand appointed under Section 76 of the Act laid down a policy on 9.11.2000 and thereafter finalised the norms/criteria for allocation in its meeting held on 2.7.2002. The policy provided to bifurcate the cadres and to transfer those (1) who have opted for State of Uttaranchal followed by those (2) who are domicile of the districts falling in the State of Uttarakhand and (3) on the basis of the junior most in the cadre/category, in the pay scale as on the appointed date. The norms and criteria for allocation of the personnel adopted by the State Advisory Committee are given as below: 1. First of be allotted will be optees to Uttaranchal. 2. In case of, those whose home district as declared in service records lies within Uttaranchal, will be allotted to that the State. 3. If vacancies persist, the junior most as on the appointed day in the desired pay scale would be allotted.;