- (1.) RAJEEV Gupta, C. J. Sri Nagesh Agarwal, Advocate for the petitioner Smt. Anjali Bhargava, Standing Counsel (Central Government) for re spondents 1 and 2 Sri Lalit Sharma, Brief Holder for respondents 3 to 5 Smt. Beena Pande, Standing Coun sel (U. P. Government) for respondent 6. They are heard on admission.
(2.) PETITIONER Babu Ram Sharma has filed this writ petition for the follow ing reliefs: " (a) Issue a writ, rule order or direc tion in the nature of certiorari calling for the records and quashing the impugned order dated 11-05-2006 (Annexure-1) passed by respondent no. 1 so far as relates to petitioner and the order dated 17-5-2007 (Annexure No. 1 A) passed by the respondent no. 5. (b) Issue a writ, rule order or direc tion in the nature of mandamus commanding and directing the respondents not to interfere in the functioning of petitioner as Assistant Engineer, Lakhwar Bandh Nirman Khand-1, Dakpathar Dehradun pursuant to impugned order dated 11-05-2006. (c) Issue any order or direction, which this Hon'ble Court may deem fit and proper under the circumstances of the case. (d) Award cost of the petition in fa vour of the petitioner. " The petitioner, in substance, is seeking quashing of the order dated 11-05-2006 (Annexure-1) whereby the pe titioner has been finally allocated to the State of U. P. and the order dated 17-05-2007 (Annexure 1 A) whereby the petitioner has been relieved from the State of Uttaranehal for his joining to the State of Uttar Pradesh. Petitioner Babu Ram Sharma, who is working as Assistant Engineer in the Irrigation Department admittedly opted for the State of Uttar Pradesh be fore the reorganization of the State in the year 2000. The Central Government vide impugned order dated 11-05-2006 (Annexure-1) has finally allocated the petitioner to the State of Uttar Pradesh. As a consequence thereof, the petitioner stands relieved from the State of Uttarachal for his joining to the State of Uttar Pradesh vide order dated 17-05-2007 (Annexure 1 A ).
(3.) SRI Nagesh Agarwal, the learned counsel for the petitioner vehemently ar gued that the petitioner's case ought to have been considered by the respondents for his mutual transfer from the State of Uttar Pradesh to the State of Uttaranehal as the State of Uttaranehal has no objection to the petitioner's trans fer from the State of Uttar Pradesh to the State of Uttranchal. The learned counsel further submitted that the Cen tral Government has erred in not giving due weight to the petitioner's revised option for the State of Uttaranehal/ Uttarakhand. The petitioner stands finally al located to the State of Uttar Pradesh by the Central Government in accordance with his option. The petitioner's final al location to the State of Uttar Pradesh cannot be found fault with merely be cause his revised option is not accepted by the Central Government.;