Featured image for Supreme Court Judgment dated 29-08-2018 in case of petitioner name Krishan Kumar Madan & Ors. vs Ashok Kumar & Ors.
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Uttarakhand Service Transfer Dispute: Supreme Court Upholds Employees’ Rights

The case of Krishan Kumar Madan & Ors. vs. Ashok Kumar & Ors. revolved around the employment status of personnel recruited by the Uttar Pradesh government before the reorganization of the state in 2000. The Supreme Court ruled in favor of the appellants, recognizing them as employees of the Uttarakhand government.

Background of the Case

Following the enactment of the Uttar Pradesh Reorganisation Act, 2000, the State of Uttarakhand was carved out from Uttar Pradesh on 9th November 2000. Before this reorganization, the Uttar Pradesh Public Service Commission (UPPSC) conducted recruitment for 170 vacancies for Personal Assistants in the UP Secretariat, for which results were published on 3rd March 2000. The appellants were among those selected.

After the reorganization, the Uttar Pradesh government provided employees the option to serve in either Uttar Pradesh or Uttarakhand. The appellants exercised their choice for Uttarakhand and were listed for transfer to the new state.

However, complications arose when the final allocation list published by the Central Government on 7th August 2009 excluded the appellants from Uttarakhand’s service rolls, citing that they were appointed after the cut-off date of 9th November 2000. The appellants contested this exclusion, arguing that their selection had been finalized before the reorganization.

Arguments Presented

Appellants’ Argument

  • Their recruitment process was completed before the formation of Uttarakhand, making them eligible for allocation to the state.
  • The Uttar Pradesh government had given formal approval for their transfer.
  • Their appointment letters explicitly stated that they could be assigned to either Uttar Pradesh or Uttarakhand.
  • Despite working in Uttarakhand for years, they were arbitrarily excluded from the state’s rolls.

Respondents’ Stand

  • The appellants were appointed after the cut-off date of 9th November 2000 and were not covered under the UP Reorganisation Act, 2000.
  • Their names were not included in the Central Government’s final allocation list.
  • They remained employees of Uttar Pradesh as per the official allocation records.

High Court’s Ruling

The Uttarakhand High Court ruled against the appellants, stating:

“Since the appellants were appointed after the reorganization, they must be treated as employees of Uttar Pradesh and not Uttarakhand.”

It also observed that the appellants had not been officially allocated under the Central Government’s list.

Supreme Court’s Verdict

The Supreme Court overturned the High Court’s decision, holding that the appellants were valid employees of Uttarakhand. The Court observed:

“The appointment letters of the appellants clearly stipulated that they could be assigned to either of the successor states. The transfer was executed with the mutual consent of both states, fulfilling all procedural requirements.”

The Court further clarified:

“There is no infirmity in the procedure adopted by both states in transferring employees on the basis of mutual consent. The High Court overlooked the Central Government’s guidelines, which allowed personnel selected before the reorganization to opt for either state.”

Consequently, the Court directed the Uttarakhand government to restore the appellants to their rightful positions and benefits.

Legal Significance

This judgment sets a precedent for service allocation disputes following state reorganization. It establishes that employees recruited before bifurcation but appointed afterward can still be allocated to the newly formed state if their recruitment was completed earlier.

Conclusion

The Supreme Court’s decision ensures justice for employees caught in administrative reorganization disputes. By reaffirming their service status in Uttarakhand, the judgment safeguards the rights of government employees while upholding procedural fairness.


Petitioner Name: Krishan Kumar Madan & Ors..
Respondent Name: Ashok Kumar & Ors..
Judgment By: Justice Dipak Misra, Justice D.Y. Chandrachud, Justice Indira Banerjee.
Place Of Incident: Uttarakhand.
Judgment Date: 29-08-2018.

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