Sidhnath,Constable C.P.91 vs Union of India and others

D.K. Arora, J.

Heard learned counsel for the parties.

The submission of learned counsel for the petitioner is that four similar writ petitions were filed in this Court challenging the allocation of the petitioner to the State of Uttaranchal (now Uttarakhand). The said writ petitions were dismissed by the learned Single Judge vide order dated 07.09.2009. Against the said judgment and order dated 07.09.2009, four special appeals were filed and the Division Bench while setting aside the order dated 7.9.2009, passed by the learned Single Judge, remitted the matter to the learned Single Judge for deciding the matter afresh. While remitting the matter, respondents were granted two weeks'' time to file counter affidavit and the matter has been listed for hearing in the next month.

The Division Bench of this Court while protecting the interest of the petitioners of the said four writ petitions directed that till the hearing of the writ petitions, the appellants shall not be compelled to join at Uttarakhand and if no other person has been posted in his place, he shall be allowed to continue to discharge his functions in the State of U.P. and shall be paid his salary.

Further submission of learned counsel for the petitioner is that in this writ petition also same question of law and fact is involved and, therefore, he may be given the same protection which has been provided to the appellants by the Division Bench while remitting the matter to the learned Single Judge.

The prayer of the learned counsel for the petitioner is vehemently opposed by the learned counsel for the Union of India and by the learned Standing Counsel.

After perusing the judgment and order dated 05.10.2009, passed by the Division Bench of this Court and taking into consideration the submissions of the learned counsel for the petitioner, I am of the considered view that present petitioner also deserves for similar protection.

Accordingly, I direct that till hearing of the writ petition, the petitioner shall not be compelled to join at Uttarakhand and if no other person has been posted in his place, he shall be allowed to continue to discharge his functions in the State of U.P. and shall be paid his salary.

All the opposite parties are directed to file counter affidavits in these writ petitions within a period of two weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.

List this writ petition along with W.P. No. 4912 (S/S) of 2009, for final hearing.