JUDGMENT :

ABHAY S. OKA, J.

1. This is an unfortunate litigation which arises out of bifurcation of the State of Uttar Pradesh into the State of Uttaranchal, which was subsequently renamed as Uttarakhand, and the State of Uttar Pradesh, by virtue of the provisions of the U.P. Reorganization Act, 2000. Interestingly, the bifurcation was given effect exactly 23 years back on 9th November, 2000. Today, we have a case of the first respondent -Baleshwar Singh, who was admittedly an employee of the undivided State of Uttar Pradesh and who has been deprived of salary for a considerable long time and retiral benefits though there was no fault on his part.

2. It is not in dispute that there was a policy of the Central Government for mutual transfer. The communications to that effect have been placed on record. On 25th September, 2007, the first respondent-Baleshwar Singh, who was appointed on the post of Assistant Conservator of Forest, gave his written consent opting for posting in the newly created State of Uttarakhand. The third respondent -Mahendra Pratap Singh gave his consent for posting in the reconstituted State of Uttar Pradesh. He was also holding the post of Assistant Conservator of