HC quashes transfer orders of UP govt employees who were shifted to Uttarakhand

Allahabad: The Allahabad High Court has quashed the transfer orders of thousands of Class III and IV employees, working in various departments of Uttar Pradesh, who were shifted to Uttarakhand following division of the parent state 15 years ago but who had stayed back and were unwilling to go to the newly-created hill province.

Uttar Pradesh Chief Minister Akhilesh Yadav
Uttar Pradesh Chief Minister Akhilesh Yadav

Justice Mahesh Chandra Tripathi passed the order on May 22 while allowing petitions filed by Jagdish Narayan Dohray and others challenging the orders “communicating to them their allocation to the state of Uttarakhand after the recommendation of Central Advisory Committee under Section 73(1) of UP State Reorganization Act, 2000.

The petitioners had contended that their transfer orders were ‘illegal and arbitrary’ since these were passed without their ‘prior consent.’

The court allowed their petitions on the submission of the UP government, through Advocate General Vijay Bahadur Singh, that the state has “taken a decision that the employees, who are working in the state of UP for the last so many years, will continue to work in the state of UP”.

The court also noted the submission of Uttarakhand Advocate General U K Uniyal that “in lieu of 3000 posts, the concerned departments have already proceeded for their own recruitment and either they have completed the recruitment process or the process of recruitment is under progress”.

“Once concurrence has taken place between the parties….

..it would not be appropriate to displace the persons”, the court remarked while allowing the petitions and quashing the transfer orders.