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Krishna Kumar v. The State of Uttar Pradesh & Ors.

Leave granted.

(Kurian Joseph, Deepak Gupta and Hemant Gupta, JJ.)

Krishna Kumar _____________________________________ Appellant

v.

The State of Uttar Pradesh & Ors. __________________ Respondent(s)

Civil Appeal No(s). 11354 of 2018 [Arising from SLP(C) No. 34260/2017], decided on November 20, 2018

The Judgement of the Court was delivered by

Kurian, J.:—

1. Leave granted.

2. The grievance is with regard to the allocation of the appellant to the State of Uttarakhand on reorganization of the State in terms of the Uttar Pradesh Reorganization Act, 2000.

3. In the nature of the order we propose to pass in this case, it may not be necessary to go into the factual matrix.

4. According to the appellant he should not have been allocated to the State of Uttarakhand, in view of the stand taken by the Government of Uttar Pradesh as reflected in its communication dated 21.09.2017. It is seen that appellant himself has made a detailed representation to the competent authority on 25.02.2017 for cancellation of his allocation to the State of Uttarakhand. Apparently no decision has been taken on the representation.

5. In that view of the matter, we dispose of the appeal with a direction to the competent authority to consider the pending representation dated 25.02.2017 taking note of the communication dated 21.09.2017 and any other relevant documents.

6. This may be done expeditiously preferably within a period of three months from today.

7. It will be open to the appellant to make written submissions before the competent authority within a period of four weeks from today.

8. We make it clear that the impugned judgment will not stand in the way of the competent authority in considering the representation.

SUPREME COURT OF INDIA

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 34260/2017

Krishna Kumar ______________________________________ Petitioner

v.

The State of Uttar Pradesh & Ors ____________________ Respondent(s)

(FOR ADMISSION and I.R. and IA No. 134332/2017-EXEMPTION FROM FILING O.T.)

Date : 20-11-2018 This petition was called on for hearing today.

(Before Kurian Joseph, Deepak Gupta and Hemant Gupta, JJ.)

For Petitioner(s) Mr. V. Shekhar, Sr. Adv.

Mr. Vikas K. Singh, Adv.

Ms. Rajshree Singh, Adv.

Mr. T. N. Singh, AOR

For Respondent(s) Mr. S.R. Singh, Sr. Adv.

Mr. Ankur Prakash, AOR

Mr. A.K. Sanghi, Sr. Adv.

Ms. Arunima Dwivedi, Adv.

Mr. Shiv Mangal Singh, Adv.

Mr. Arvind Kr. Sharma, Adv.

Ms. Rukhmani Bobde, Adv.

Mr. Mukesh Kumar Maroria, AOR

Mr. Saurabh Trivedi, AOR

Mr. Ashutosh Kr. Sharma, Adv.

Mr. Anupam Raina, Adv.

Mr. Sunando Raha, Adv.

UPON hearing the counsel the Court made the following

ORDER

9. Leave granted.

10. The appeal is disposed of in terms of the signed non-reportable judgment.

11. Pending application(s), if any, shall stand disposed of.

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