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2005 DIGILAW 292 (SC)

SURESH CHANDRA JOSHI v. STATE OF UTIARANCHAL

2005-02-14

C.K.THAKKER, RUMA PAL

body2005
ORDER 1. Leave granted. 2. On 9-11-2000 the State of Uttaranchal was formed out of what were the original territorial limits of the State of U.P. Prior to the formation of Uttaranchal, the persons in the civil services who were with the U.P. Cadre but serving in what is now Uttaranchal were categorised into the Hill Sub-Cadre. The appellants before us were the persons who were serving in the e Hill Sub-Cadre. The private respondents were those who belonged to the U .P. State Cadre who claimed to have been holding posts in the hill areas. The appellants say that by virtue of Section 73 of the U.P. Reorganisation Act, 2000, particularly Section 73(2), the appellants were finally allotted to the State of Uttaranchal. The private respondents claim that they became part of f the civil services of the State of Uttaranchal by virtue of Section 75 of the Act. On the allegation that under the Reorganisation Act options were invited from, inter alia, the respondents to serve the State of Uttaranchal and that the respondents had given their options which were pending consideration by the Central Government, the respondents filed a writ petition challenging the promotions which were sought to be given to the appellants in the State of g Uttaranchal. An interim order was passed by the High Court of Uttaranchal restraining the State of Uttaranchal from giving effect to the promotions which had been sought to be made by order dated 24-2-2004. 3. On the admitted case of the parties, it appears to us prima facie that on the one hand are the appellants who are undisputedly members of the Uttaranchal Civil Service and on the other are the private respondents whose claims to serve in Uttaranchal are still pending decision. In the circumstances, it would have been more appropriate for the High Court not to have stayed the promotions without further scrutiny of the matter. We accordingly, dispose of the appeal by staying the operation of the interim order of the High Court but making it clear that any promotions which are made will abide by the result of the writ petition. In view of the fact that we have set aside the order of the High Court any subsequent orders passed by it do not for the same reason survive. 4. The civil appeals are allowed accordingly.