The main legal point established in the judgment is the distinction between Section 73 and Section 75 of the State Re-organization Act 2000, and the overriding applicability of Section 75 to specific situations such as inter-district transfers within the successor State.

(Per Hon'ble S.H. Kapadia, C.J.)

1. This writ petition came up for hearing on 5th August 2003 when following order was passed.

"Writ petition is rejected for reasons to be given separately."

Accordingly, we are now hereby giving reasons.

REASONS

2. Petitioner was selected and appointed in Provincial Medical Services U.P. Petitioner took charge on 12th January 2000 at Primary Health Centre, Khanpur, Haridwar.

3. Prior to the creation of State of Uttaranchal, the petitioner had submitted his option for the State of U.P. This was on 3rd October 2000. The State of Uttaranchal was, however, created thereafter on 9th November 2000. On 6th March 2002, State of U.P. passed an order to give appointments to male Medical Officers in various parts of the State of U.P. This was as per the settlement between the two States. Petitioner was asked to report in district Aligarh. This order was passed with the consent of State of Uttaranchal. However, the petitioner was not relieved by the State of Uttaranchal. Though some of the other Medical officers were relieved. The name of the petitioner was indicated at serial No.2.

4. The State of Uttaranchal has now passed an order of transfer of the petitioner transferring the petitioner from district Haridwar to Primary Health Centre, Didihat, district- Pithoragarh. This order of transfer is under challenge; it is dated 10th July 2003.

5. It is submitted on behalf of the petitioner that he was appointed in the plain cadre and that he has given the said option of State of U.P. and, therefore, he could not be transferred to any hill districts pending disposal of option as per U.P. Re-organization Act, 2000. It is argued on behalf of the petitioner that once the order dated 6th March 2002 is passed by State of U.P. with consent of both the States, the petitioner should have been relieved by State of Uttaranchal for State of U.P. and that the State of Uttaranchal can't refuse to relieve the petitioner without the consent of the petitioner. It is further argued on behalf of the petitioner that final allocation of the cadre by Central Government would be made in near future. That the cadre of 208 officers shown in the order dated 6th March 2002 was final because both the States have given their consent for officers for the State of U.P. That the petitioner was the employee of State of U.P. under section 73 of the said Act. That there was special or general order of Central Government putting the petitioners under the control of State of Uttaranchal. That no consent or direction has been obtained from Central Govt. for transferring the petitioner from Haridwar to Didihat. That Section 75 of the Act was supplementary to Section 73 and that Section 75 could not be invoked independently ignoring Section 73 and Section 77 of the Act. That the petitioner was suffering from vertigo and, therefore, the transfer order should be revoked. On these grounds, the petitioner has sought cancellation of the transfer order.

6. The Act was enacted by the Parliament to provide for re- organization of the existing State of U. P. and for matters connected therewith. Section 2(a) defines the expression 'appointed day' to mean the day on which the Central Govt. by notification appoints the day on which the Act will come into force. Section 2 (f) defines the law to include enactment, ordinace, Regulation, Scheme, Notification or any other instrument having the force of law before 9th November 2000 in the whole or in any part of the existing State of U. P.

7. Section 2 (g) defines the expression "Successor State" to mean the State of Uttar Pradesh or the State of Uttaranchal. Section 2 (k) refers to the expression 'transferred territory' to mean the territory which on the appointed day is transferred from the existing State of Uttar Pradesh to the State of Uttaranchal. Part-VIII deals with Services. Section 72 deals with All India Services. Section 73 deals with Services other than All India Services. Section 73 (1) st