JUDGMENT:

S.B. SINHA, J :

1. Leave granted.

2. Application of the provisions of the Uttar Pradesh Reorganisation Act, 2000 (for shor-t the 2000 Act ) falls for consideration in these appeals which arise out of a judgment and order dated 20.07.2005 passed by the High Court of Uttaranchal at Nainital in Civil Contempt No. 14 of 2004.

3. Respondents herein have filed a writ petition before the Allahabad High Court for regularization of their services in the Nagar Palika Balika Intermediate College situated at Haldwani, Kathgodam, District Nainital. The said writ petition was allowed by a judgment and order dated 29.05.1997 in part, directing:

(1) The posts against which the petitioners are working on part time basis for more than five years should be considered for sanction/ creation by the appropriate authority and the management of the institution shall, if the necessity of employment still exists, notify to the proper authority the requirement of sanction such posts and the authority shall, as expeditiously as possible, consider the question of creation of such posts in accordance with law.

(2) The services of the petitioners shall not be terminated after the expiry of 58 days or any such limited period and shall continue till the exigency of employment exists and if the posts are permanently sanctioned till a duly selected candidate joins against each respective post. When such a post is created sanctioned and advertised, the petitioners shall have the right to apply against the respective post notwithstanding the age bar. (3) Till the petitioners remain in service in terms of the foregoing directions, they will be paid their salary and other benefits at par with the regularly appointed teachers in case they are performing equal work.

4. The said order is said to have not been complied with. An application under Section 12/14 of the Contempt of Courts Act, 1970 was filed by the respondents.

5. On or about 25.08.2000, the Parliament enacted the 2000 Act. By reason of the said Act, the new State of Uttaranchal (now known as Uttarakhand) came into being with effect from the appointed day, specified therein, i.e., 9.11.2000.

6. By an order dated 29.10.2003, a learned Single Judge of the Allahabad High Court directed as under: During the pendency of this contempt petition, the State of Uttaranchal was created and Haldwani and Nainital are now included in that State as such presently the U.P. Educational Authorities cannot execute the orders passed by the writ court. The proper remedy for the applicant at this stage is to approach the Uttaranchal High Court.

7. Respondents thereafter filed a contempt petition before the Uttaranchal High Court which was marked as Contempt Petition No. 15 of 2004, which was entertained. Before the said High Court, time was sought for, for complying with the said direction. The matter was adjourned. It came before another learned Judge of the said High Court on 20.07.2005. It was directed to be listed after one month. Although no final order has yet been passed by the High Court, the State of Uttarakhand has filed this appeal inter alia on the premise that the High Court had no jurisdiction to entertain the second contempt application in view of Section 35 of the 2000 Act.

8. Section 26 of the 2000 Act provides for constitution of a separate High Court on and from the appointed day. Section 35 of the 2000 Act reads as under:

35 - Transfer of proceedings from Allahabad High Court to Uttaranchal High Court (1) Except as hereinafter provided, the High Court at Allahabad shall, as from the appointed day, have no jurisdiction in respect of the transferred territory.

(2) Such proceedings pending in the High Court at Allahabad immediately before the appointed day as are certified, whether before or after that day, by the