SUPREME COURT OF INDIA

Before:- Ruma Pal and C.K. Thakker, JJ.

Civil Appeal No. of 2005 (Arising out of S.L.P. (C) No.11580 of 2004) with CA.No./2005 @ SLP(C)No. 10905/2004. D/d. 14.2.2005.

Suresh Chandra Joshi & Anr. - Appellant

Versus

State of Uttaranchal & Ors. - Respondent

Promotion - Prior to the formation of Uttaranchal, the persons in civil services who were with U.P. cadre but serving in what is now Uttaranchal were categorised into Hill Sub-cadre and appellants were the persons who were serving in said cadre - Respondents claim to serve in Uttaranchal was still pending decision - State of Uttaranchal restrained from giving effect to promotions vide an interim order passed by High Court in writ petition filed by private respondents challenging promotions sought to be given to appellants - Held - Promotions should not have been stayed by High Court without further scrutiny of the matter in view of the fact that private respondents claim was still pending decision - Thus operation of High Court order stayed - Clarified that any promotions which are made will abide by the result of writ petition.

[Paras 2 to 4]

JUDGMENT

Ruma Pal, J. - Leave granted.

2. On 9th November, 2000 the State of Uttaranchal was formed out of the what were the original territorial limits of the State of U.P. Prior to the formation of Uttaranchal, the persons in the Civil Services who were with U.P. Cadre but serving in what is now Uttaranchal were categorised into the Hill Sub-Cadre.

3. The appellants before us were the persons who were serving in the Hill Sub-Cadre. The private respondents were those who belonged to the U.P. State Cadre who claimed to have been holding posts in the Hill areas. The appellants say that by virtue of Section 73 of the U.P. Reorganisation Act, 2000, particularly Section 73(2), the appellants were finally allotted to the State of Uttaranchal. The private respondents claim that they became part of the civil services of the State of Uttaranchal by virtue of Section 75 of the Act. On the allegation that under the Reorganisation Act options were invited from, inter alia, the respondents to serve the State of Uttaranchal and that the respondents had given their options which were pending consideration by the Central Government, the respondents filed a writ petition challenging the promotions which were sought to be given to the appellants in the State of Uttaranchal. An interim order was passed by the High Court of Uttaranchal restraining the State of Uttaranchal from giving effect to the promotions which had been sought to be made by order dated 24th February, 2004.

4. On the admitted case of the parties, it appears to us prima facie that on the one hand are the appellants who are undisputedly members of the Uttaranchal Civil Service on the other are the private respondents whose claim to serve in Uttaranchal are still pending decision. In the circumstances, it would have been more appropriate for the High Court not to have stayed the promotions without further scrutiny of the matter. We accordingly, dispose of the appeal by staying the operation of the High Court but making it clear that any promotions which are made will abide by the result of the writ petition. In view of the fact that we have set aside the order of the High Court any subsequent orders passed by it do not for the same reason survive.

5. The civil appeals are allowed accordingly.

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