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Head Constable C.P. No. 82 Rohitash Singh and ors. Vs. Union of India ...

Court : Uttaranchal

Reported in : (2004)1UPLBEC35

..... the petitioners has also referred section 77 of the uttar pradesh reorganization act, 2000 with referred to the power ..... under uttar pradesh reorganization act, 2000, by virtue of section 76 of the act. ..... section 73 of the uttar pradesh reorganization act, 2000, provides that every person shall continue to serve provisionally and thereafter the central government shall ..... they have opted for uttar pradesh after the formation of uttaranchal state under uttar pradesh reorganization act, 2000. ..... the appointed day, the central government shall, by general or special order, determine the successor state to which every person referred to in sub-section (1) shall be finally allotted for service and the date with effect from which such allotment shall take effect or be deemed to have taken effect ..... connection with the affairs of the existing state of uttar pradesh shall, on and from that day provisionally continue to serve in connection with the affairs of the state of uttar pradesh unless he is required, by general or special order of the central government to serve provisionally in connection with the affairs of the state of uttaranchal:provided that every direction under this sub-section issued after the expiry of a period of one year from ..... they may be directed to be relieved in pursuance of sub-section (2) of section 73 for state of uttar pradesh where they have given their option.11. ..... re-organization act, 2000, final allocation of all state services personnel between the successor states .....

Pranveer Singh Vs. State of Uttaranchal and ors.

Court : Uttaranchal

Reported in : (2004)3UPLBEC97

..... counsel for the petitioners has also referred section 77 of the uttar pradesh reorganization act, 2000 with referred to the power of the central government it reads as under :--'power of ..... constituted under uttar pradesh reorganization act, 2000 by virtue of section 76 of the act. ..... section 73 of the uttar pradesh reorganization act, 2000 provides that every person shall continue to serve provisionally and thereafter the central government shall determine ..... after the appointed day, the central government shall, by general or special order, determine the successor state to which every person referred to in sub-section (1) shall be finally allotted for service and the date with effect from which such allotment shall take effect or be deemed to have taken effect. ..... in connection with the affairs of the existing state of uttar pradesh shall, on and from that day provisionally continue to serve in connection with the affairs of the state of uttar pradesh unless he is required, by general or special order of the central government to serve provisionally in connection with the affairs of the state of uttaranchal:provided that every direction under this sub-section issued after the expiry of a period of one year from ..... is that he may be directed to be relieved in pursuance of sub-clause (2) of section 73 of the act, for state of uttar pradesh for which he has given his option.10. ..... reorganization act, 2000, final allocation of all state services personnel between the successor states shall be .....

Urmila Devi (Smt.) and anr. Vs. State of Uttaranchal and ors.

Court : Uttaranchal

Reported in : (2004)3UPLBEC100

..... for the petitioners has also referred section 77 of the uttar pradesh reorganization act, 2000 with referred to the power of the ..... has been constituted under uttar pradesh reorganization act, 2000, by virtue of section 76 of the act. ..... section 73 of the uttar pradesh reorganization act, 2000 provides that every person shall continue to serve provisionally and thereafter the central government shall determine the final ..... may be after the appointed day, the central government shall, by general or special order, determine the successor state to which every person referred to in sub-section (1) shall be finally allotted for service and the date with effect from which such allotment shall take effect or be deemed to have taken effect. ..... serving in connection with the affairs of the existing state of uttar pradesh shall, on and from that day provisionally continue to serve in connection with the affairs of the state of uttar pradesh unless he is required, by general or special order of the central government to serve provisionally in connection with the affairs of the state of uttaranchal:provided that every direction under this sub-section issued after the expiry of a period of one year from the ..... the petitioner is that he may be directed to be relieved in pursuance of sub-clause (2) of section 73 of the act, for state of uttar pradesh for which he has given his option.10. ..... reorganization act, 2000, final allocation of all state services personnel between the successor states shall be decided .....

Constable 20 C.P. Manoj Kumar Malik and ors. Vs. Union of India (Uoi) ...

Court : Uttaranchal

Reported in : (2004)1UPLBEC32

..... the petitioners has also referred section 77 of the uttar pradesh reorganization act, 2000, with referred to the power ..... section 73 of the uttar pradesh reorganization act, 2000, provides that every person shall continue to serve provisionally and thereafter the central government shall ..... under uttar pradcsh reorganization act, 2000, by virtue of section 76 of the act. ..... that they have opted for uttar pradesh after the formation of uttaranchal state under uttar pradesh re-organization act, 2000. ..... the appointed day, the central government shall, by general or special order, determine the successor state to which every person referred to in sub-section (1) shall be finally allotted for service and the date with effect from which such allotment shall take effect or be deemed to have taken effect ..... connection with the affairs of the existing state of uttar pradesh shall, on and from that day provisionally continue to serve in connection with the affairs of the state of uttar pradcsh unless he is required, by general or special order of the central government to serve provisionally in connection with the affairs of the state of uttaranchal:provided that every direction under this sub-section issued after the expiry of a period of one year ..... they may be directed to be relieved in pursuance of sub-section (2) of section 73 for state of uttar pradesh where they have given their option.11. ..... re-organization act, 2000, final allocation of all state services personnel between the successor states .....

Eveready Industries India Ltd. Vs. State of Uttarakhand and ors.

Court : Uttaranchal

Reported in : (2008)17VST18(NULL)

..... of uttaranchal to the extent of exemption from or reduction in the rate of tax available to the manufacturing dealer having his place of business in the state of uttar pradesh on sale of such goods has been granted with certain conditions including that 'such goods are manufactured in a unit established in the state of uttar pradesh having eligibility certificate (validity commencing prior to november 9, 2000) issued under section 4a of the uttar pradesh trade tax act, 1948 for the manufacture of such goods'. ..... the extent of exemption from or reduction in the rate of tax available to the manufacturing dealer having his place of business in the state of uttar pradesh on the sale of such goods, subject to the following conditions, namely:conditions(i) such goods are manufactured in a unit established in the state of uttar pradesh having eligibility certificate (validity commencing prior to november 9, 2000) issued under section 4a of the aforesaid act for the manufacture of such goods;(ii) such goods are sold ..... notification dated october 12, 2006 issued under sub-section (6) of section 4 of the vat act thereby superseded the existing notification dated december 26, 2000 and granted rebate of tax on the sale of goods by any dealer having his place of business in the state of uttaranchal to the extent of exemption from or reduction in the rate of tax available to the manufacturing dealer having his place of business in the state of uttar pradesh on the sale of such goods with certain .....

Naresh Kumar Alias Billu Vs. State of Uttaranchal and ors.

Court : Uttaranchal

Reported in : (2006)IILLJ509UC

..... reorganisation act, 2000 and as such the impugned order deserved to be set aside on this score alone.in the counter-affidavit the respondents have replied as under:that in reply to contents of paras 3 to 12 of the writ petition, ..... - (1) an application for the settlement of an industrial dispute may be made before the conciliation officer of the area concerned in form 1 (with five spare copies thereof)(1) in the case of workman-(a) subject to the provisions of sub-section (3) of section 6-i, by an officer of a union of which he is a member or by an officer of a federation of unions to which such union is affiliated: or(b) where no union of workmen exists by the five representatives of the workmen employed in a concern or industry, duly elected in concern ..... that appropriate government is precluded from considering even prima facie the merits of the dispute when it decides the question as to whether its power to make a reference should be exercised under section 10(1) read with section 12(5), or not, this court held that the court had made it clear in the same judgment that it was a province of the industrial tribunal to decide the disputed questions of facts. ..... that it has elapsed after one year has not been denied specifically by the respondent.on the second question regarding the conciliation order passed by the government of uttar pradesh dated december 31, 1958, learned counsel for the petitioner has submitted that it refers to the reference of the dispute to conciliation board. .....

Amar Nath Singh Bisht. Vs. State of Uttarakhand and Others.

Court : Uttaranchal

..... in view of the mandate of the uttar pradesh reorganisation act, 2000, each of them carried with them the benefits of the services rendered by them while serving the state of uttar pradesh and, accordingly, became entitled to seniority from the date of their substantive appointments ..... admittedly, neither by the uttar pradesh reorganisation act, 2000 nor by any other law made by the state of uttarakhand, any of the conditions of service of any member, either belonging to the general cadre or hill sub-cadre, has been altered ..... the reason for insertion of rule 8(a) in the said rules is basically the uttar pradesh reorganisation act, 2000. ..... in other words, if the petitioners and the private respondents were sailing in the same boat while employees of the state of uttar pradesh, they would be sailing in the same boat when they would become employees of uttarakhand on being allocated to the state of uttarakhand. ..... in order to be allocated to the said hill sub-cadre, an employee in the services of the state of uttar pradesh, attached to the departments mentioned in the said hill sub-cadre rules, was required to opt and such option was final and ..... the inserted rule 8(a) provides three things, namely, (i) that the status of the government employee, as at 8 th november, 2000, shall remain unaltered and, even if anyone is holding a superior post, on the ground that his seniors are not holding such posts, he shall not be reverted; (ii) a senior shall not be entitled to notional promotion on the .....

Dan Singh Bisht and Others Vs. State of U.P. Through Secretary Departm ...

Court : Uttaranchal

..... also states that these employees of the corporation, who are working in the territory of uttarakhand, are liable to be given salaries from uttar pradesh and that sections 66 and 67 of uttar pradesh reorganisation act are not applicable on them. ..... said letter dated 03.11.2001 was written by secretary, uttar pradesh secretariat to executive director, uttar pradesh state employees welfare corporation wherein the state government had admitted that the uttar pradesh state employees welfare corporation cannot operate outside the territory of uttar pradesh and its operation outside the territory of uttar pradesh, which is presently in the state of uttarakhand, is ..... state had no immediate plan to create such a corporation in the state of uttarakhand or to grant trade tax exemption to the said corporation, as it was getting earlier, prior creation of the state of uttarakhand. ..... uttar pradesh state employees welfare corporation shall pay the salaries to the petitioners till november 2000. ..... 2/executire director, uttar pradesh state employees welfare corporation to give the salaries of the petitioners for the period upto november 2000, if they had already not been ..... of this, the salary of petitioner till november, 2000 will be paid by the government of u.p. 6. ..... kalyan nigam, working in uttaranchal till november 2000 will be paid salary by government of ..... prior to 09.09.2000, before creation of the state of uttarakhand, there were various branches and depots of this corporation operating in the .....

Km. Neetika Gupta Vs. the Director of Medical Education and ors.

Court : Uttaranchal

Reported in : AIR2004Utr7; 2004(1)AWC915(UHC)

..... reorganisation act, 2000 and was in force by virtue of section 86 of the said act within the meaning of law defined in section ..... reorganisation act, 2000 the state of uttaranchal came into being and the seats for admission in the medical colleges were to be allocated by the state of uttar pradesh for the residents of state of uttaranchal as per the provisions under ..... reorganisation act, 2000, 55 seats were allotted for admission in various medical colleges of uttar pradesh ..... reorganisation act, 2000 ..... reorganisation act, 2000 ..... purposes of this order the expression 'bona fide resident of uttar pradesh' shall mean--(a) a citizen of india, the domicile of whose father is in uttar pradesh and who himself is domiciled in uttar pradesh; orb) a citizen of india, the domicile of whose father was not in uttar pradesh but who himself has resided in uttar pradesh for not less than five years at the time of making ..... judgment in para 22 held as under :--'clause 2, which we have set out above, refers to a 'bona fide resident' and such a person is defined under clause 4 to include a person who has resided in uttar pradesh for not less than five years at the time of making his application. ..... , nainital, the additional secretary, state of uttaranchal, vide his letter dated 1762/ medical-1-2002-89/2002, dated 1-12-2002 informed the director general, medical education and training, uttar pradesh that the certificate of permanent residence of uttaranchal was obtained by the petitioner km. ..... has paid house-tax. .....

Atul Kumar Sharma Vs. State of Uttaranchal and ors.

Court : Uttaranchal

Reported in : 2005(1)AWC284(UHC)

..... 'every person who, immediately before the appointed day, is holding or discharging the duties of any post or office in connection with the affairs of the existing state of uttar pradesh in any area which on that day falls within any of the successor states shall continue to hold the same post or office in that successor state, and shall be deemed, on and from that, to have been duly ..... reorganization act, 2000 reads as under :75. ..... as such the allocation of employee under section 73 has no effect till the date of their relieving after allocation to another state. ..... 'the above section under u. p. ..... section 75 of u. p. ..... reorganization act makes it very clear that the employees who were working in the territory of uttaranchal on the date of its creation of the new state shall continue to hold their office in that state and shall be deemed to have .....