- (1.) THE amendment application is allowed. Let the amendment be carried out during the course of the day.
(2.) WE have heard Shri B.P. Singh Dhakray assisted by Shri H.P. Dubey for the Petitioners. Learned Standing Counsel appears for Respondent Nos. 1 and 2. Shri Hem Pratap Singh appears for Respondent No. 3. Shri R.B. Singhal, Asstt. Solicitor General of India appears for Respondent No. 4. The Petitioner is a senior PCS officer serving in the State of U.P. since after his selection in the Combined Civil Services Examination/PCS in the year 1979, through the Public Service Commission, U.P. He is 59 years old and has one year to retire.
(3.) IN pursuance to the option invited by G.O. dated 23.9.2000 after bifurcation of the State of U.P. by the U.P. Reorganization Act, 2000 the Petitioner opted for allocation to the State of Uttaranchal (now Uttarakhand). It is alleged that he withdrew the option on 21.10.2000, before the date of withdrawal. By a Government Order dated 15.7.2002 the Petitioner was allocated to the cadre in the State of Uttaranchal. He filed a Writ Petition challenging the allocation to the State of Uttarakhand on the ground that the option given by him was withdrawn within the final date of withdrawal of option. The Writ Petition No. 19389 of 2003 was dismissed on 11.12.2003 along with bunch of other writ petitions. The Petitioner filed Special Leave Petition (C) No. 24078 -24085 of 2003 in the Supreme Court of India. By order dated 18.12.2003 the Petitioner's allocation to the State of Uttaranchal was stayed by the Supreme Court.;