Hon’ble Sudhir Agarwal, J.—Heard Sri Vijay Gautam, learned counsel for the petitioner and Sri Piyush Shukla, learned Standing Counsel for the State.

2. With the consent of learned counsel for the parties, writ petitions are finally decided under the Rules of the Court at this stage.

3. Writ petitions No. 19027 of 2008, 19006 of 2008, 14840 of 2008, 14839 of 2008, 13996 of 2008, 14838 of 2008, 13990 of 2008, 13988 of 2008, 15100 of 2008, 15208 of 2008, 15210 of 2008, and 19026 of 2008 have been filed by the petitioners claiming promotion on the post of Head constable (CP) in the State of U.P. (hereinafter called as First set). Writ petition Nos. 69426 of 2005, 64894 of 2006 and 297 of 2007 (hereinafter called as second set) have been filed by the petitioners of first set challenging the orders passed by respondents communicating them their allocation to the State of Uttranchal in exercise of powers under U.P. State Re-organization Act, 2000.

4. The petitioners of first set have sought a writ of mandamus commanding the respondents to allow them to join the training of Head constable (Civil police) pursuant to Eligibility list Examination for Head constable (CP) and also to promote on the post of Head constable (CP) in accordance with merit with all consequential benefits. They have also sought direction for sending them to training at respective places of training mentioned in the concerned writ petitions like PTC Chunar, district Mirzapur, PTC Unnao and PTC Meerut.

5. In brief the facts as are evident from the record are that the petitioners are Constable (CP). The selection for promotion to the post of Head constable (CP) was held in the year 2006 wherein the petitioners appeared in a written test and were declared successful, whereafter they were called for physical test and there also were declared successful. Consequently they were interviewed. In the final result the petitioners were declared successful but it was marked therein that the result is being kept in a sealed cover and consequently they were not given Police training and promotion. Hence the present writ petitions (first set).

6. The respondents have filed counter-affidavit stating that after Re-organization of U.P. and creation of State of Uttranchal under U.P. State Re-organization Act, 2000 the petitioners were allocated to the State of Uttranchal, but having not joined there at they could not be granted promotion in the State of U.P. in view of Government order dated 03.11.2006. It is stated that in some matters where Cadre allocation was yet to be finalized, their matter also were kept in the sealed cover subject to final allocation and as per result of final allocations, further action will be taken accordingly.

7. In most of the cases counter-affidavits have been filed by the respondents which are similarly worded and the respondents are permitted to read the same in other matter also, which the learned counsel for the petitioner has not objected.

8. The case of the respondents is that since the petitioners were proposed for allocation to the State of Uttranchal it was decided that till the matter is finalized, matter of promotion of the petitioners and similarly placed other persons shall be kept in sealed cover. Further in respect of those persons, where final allocation orders have been issued by the Union of India, allocating incumbents to the State of Uttranchal, but for one or the other reasons, have not joined at Uttranchal, their matter of promotion, if is considered in the State of U.P., those matters shall also be kept in sealed covers till their case is decided. In this regard reference is made to the Government order mentioned above, taking the above decision and copy whereof has been filed alongwith the counter-affidavit.

9. In the writ petitions of second set, orders allocating petitioners to the State of Uttranchal, have been challenged on various grounds namely that the petitioners have been recruited in the State of U.P., cannot b