Court : Uttaranchal
Reported in : (2002)1UPLBEC3
p.c. verma and m.c. jain, jj. 1. learned counsel for the petitioner submits that after appointed date, he initially opted for uttar pradesh, but after re-thinking over the matter, the petitioner withdrew the first option and has opted for uttaranchal. but despite his second option, he is being relieved for uttar pradesh though no final allocation has been made as yet by the government of india. under the u. p. reorganisation act, final allocation is to be made by the government of india.2. therefore, till final decision is taken by the government of india as per section 73 of the u. p. reorganisation act, the petitioner shall not be compelled to go and join in the state of u. p. if he has already been relieved, he shall be allowed to continue, and any order passed in connection with his relieving shall be inoperative.3. the petition is disposed of accordingly.
Tag this Judgment!Court : Uttaranchal
Reported in : (2002)1UPLBEC11
..... reorganisation act contains provisions under section 78, which reads as under :'78 ..... reorganisation act ..... service commission as to the work done by the commission in respect of any period prior to the appointed day shall be presented under clause (2) of article 323 to the governors of the states of uttar pradesh and uttaranchal, and the governor of the state of uttar pradesh shall, on receipt of such report, cause a copy thereof together with a memorandum explaining as for as possible, as respects the cases, if any, where the advice of the commission was not accepted, the ..... reorganisation act, three terms have been used and defined ..... every person who becomes the chairman or other member of the public service commission for the state of uttar pradesh on the appointed day under sub-section (2), shall- (a) be entitled to receive from the government of the state of uttar pradesh conditions of service not less favourable than those to which he was entitled under the provisions applicable to him. ..... re-organisation act, 9th november, 2000 was fixed as the appointed day, on which the act came into force and the state of uttaranchal came into existence ..... (cases in which recommendations accepted but formalities not completed prior to 9.11.2000)w.p. no. ..... of recommendations, in few cases all the formalities were completed prior to the appointed day and in few cases the formalities were not completed prior to the appointed day.cases in which all formalities completed prior to 9.11.2000 :1. w.p. no. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2003(1)AWC840b(UHC)
..... as it now stands after amendment with effect from 1.7.2002 reads as under :'revision (1)..................provided that the high court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order ..... as has been made effective from 1.7.2002 and the earlier analogous proviso to said section as applicable to the state of uttaranchal and also the abovementioned repeal and savings clause of the amended act, 2002, the contention of the learned counsel for the respondent no. ..... section 16 of the amendment act, 2002 pertaining to the repeal and savings reads as under :'(1) any amendment made, or any provision inserted in the principal act by a state legislature or high court before the commencement of this act shall, except in so far as such amendment or provisions are consistent with the principal act as amended by this act stand repealed.'7 ..... provided that in respect of cases arising out of original suits or other proceedings of any valuation, decided by the district court, the high court alone shall be competent to make an order under this section :provided further that the high court or the district court shall not under this section, vary or reverse any order including an order deciding an issue, made. ..... reorganization act, 2000 :'115 ..... this civil revision under section 115 of the code of civil procedure ('c.p.c ..... for the state of uttar pradesh with effect from 15.1.1991 for section 115, c.p.c. .....
Tag this Judgment!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. .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(1)AWC209(UHC)
..... 2 in the state of uttaranchal are deemed to have been entered into the shoes of state of uttar pradesh and director, industrial training of state of uttar pradesh, the writ petitions can be allowed as against the state of uttaranchal and the counterpart of respondent no. ..... the teletronix limited was a government owned company registered under section 617 of the indian companies act and is a subsidiary of kumaon mandal vikas nigam limited (respondent no. 3). ..... reorganization act, 2000).2. ..... reorganization act, 2000, in the pending litigation as on 9.11.2000 the state of uttaranchal and the counterpart of the respondent no. ..... the government of uttar pradesh vide its notification dated 30th december, 1995 took a policy decision to wind up the teletronix limited. ..... since in view of provisions of sections 89 and 90 of the u. p. ..... 257 dated 26th february 1996 issued by the uttarakhand vikas vibhag of the state of uttar pradesh. .....
Tag this Judgment!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 .....
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