The Court disposed of a writ petition regarding a Forest Range Officer. It accepted the petitioner's claim that state government orders entitled his pre-existing appointment to be considered for seniority calculation in the new state.
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THE HIGH COURT OF UTTARANCHAL AT NAINITAL .
Writ Petition (S/B) No. 534 of 2002
Vikram Singh Tomar S/o Late Sri Birbal Singh, Presently posted as Forest Range Officer, Roorkee, Range, District- Haridwar.
… Petitioner.
Versus
Sri Manoj Tiwari, learned counsel for the petitioner. Smt. Beena Pandey, learned Standing Counsel U.P. Govt. Sri K.P. Upadhyay, learned Standing Counsel for State of UA.
Coram: Hon’ble P.C. Verma, J. Hon’ble B.S. Verma, J.
Dated July 06, 2006.
Heard learned counsel for the rival parties and perused the entire material on record.
Learned counsel for the petitioner submitted that writ petition may be disposed of in terms of the statement made in para 3(K) of the Counter Affidavit filed by the State of U.P. wherein a reference of Annexure-C.A.-5 has been made.
Annexure-C.A.-5 is the G.O. dated 05.8.2002 issued by the State of Uttar Pradesh, wherein it has been mentioned that the posting on the post of Forest Ranger as per letter dated 9-7-1993 issued by the Chief Conservator of Forest, is Ex-Cadre Post and the merger of 32 Ex-Cadre posts shall be given effect to regular cadre w.e.f. 9-7-1993. Since the petitioner was appointed in erstwhile State of Uttar Pradesh up-to the appointed date under the aforesaid
Government Orders, his appointment for determination of his seniority in the State of Uttaranchal shall be taken into account like other persons, who are appointee in Ex-Cadre and now have been allocated to the State of Uttaranchal.
It is further provided that the seniority of the petitioner shall be governed in the State of Uttaranchal in accordance with the Government Order dated 5-8-2002 (Annexure CA-5).
With the above observations, the writ petition is disposed of accordingly.
RCP
1 issue framed by the court
Whether the petitioner's appointment under the State of Uttar Pradesh should be taken into account for determining his seniority in the State of Uttaranchal.
Vikram Singh Tomar
State of Uttaranchal
Van Kshetradhikari Sangh
P.C. Verma
B.S. Verma
As recorded by the court registry
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