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2009 Supreme(All) 2752

SUNIL AMBWANI
SANJAY KUMAR SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Vijay Gautam for the Petitioner; P.S. Baghel, Triloki Singh, Satish Chaturvedi, A.A.G., Ravi Ranjan, Addl. Solicitor General of India, S.C. for the Respondents.

JUDGMENT

Honble Sunil Ambwani, J.—All the writ petitioners in this batch of writ petitions, serving as police officers of subordinate ranks in Civil Police in the State of Uttar Pradesh, have prayed for quashing he orders by which, by way of final allocation by the Central Government under Section 73 (2) of the U.P. State Reorganisation Act, 2000 they have been transferred by final allocation to the State of Uttarakhand, and have been directed to be relieved to join in the State of Uttaranchal.

2. Sections 73, 75, 76 and 77 of the U.P. State Reorganisation Act, 2000 relevant for deciding the issues raised in these writ petitions are quoted as below :

“73. Provisions relating to other services.—(1) Every person who immediately before the appointed day is 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 Uttranchal :

Provided that every direction under this sub-section issued after the ex









































































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