JUDGMENT
Prafulla C. Pant, J.
1. This Special Appeal is directed against the judgment and order dated 7.5.2003 passed in Writ Petition No. 4172 of 2001 (S/S) by learned Single Judge of this Court.
2. Brief facts of the case are that the aforesaid Writ Petition was filed by Shri Desh Raj Singh (respondent No. 1) under Article 226 of Constitution of India for. mandamus directing payment of his salary and for regularization of his services, with the averments that the respondent No. 1 was initially appointed as tractor operator on daily wage basis with Forest Corporation of U.P. at its Mohand Depot (Uttar Pradesh). He was sent in February, 1999 by Assistant Logging Officer, Mohand Depot for his duties in Chilla Range (now in Uttaranchal). After the creating of State of Uttaranchal, a new corporate body known as Uttaranchal Van Vikas Nigam was created with effect from 1.4.2001. This Corporation had certain arrangements with the Forest Corporation of U.P. under which the employees of said Corporation who were working within the territory of Uttaranchal were to be treated the employees of the new Corporation. But the respondent No. 1 was asked to go to U.P. Forest Corporation as Mohand Depot fell in Successor State of Uttar Pradesh under U.P. Reorganisation Act, 2000. However, the was not permitted to join his duties there and still working in Chilla Range i.e. within the territory of Uttaranchal. The respondent No. 1 pleaded that the be treated employee of the new Corporation and salary be paid to him by the present appellant. After hearing the parties, learned Single Judge allowed writ petition, directing the appellant to permit the present respondent No. 1 to work at Chilla Range and to pay him wages from February, 2001, It was further directed in the impugned judgment and order that the matter relating to regularization of the respondent No. 1 be decided according to the rules by the authority concerned. Aggrieved by the said judgment and order dated 7.5.2003, the present appeal is filed by Managing Director and Regional Manager (Garhwal Region) of the Uttaranchal Van Vikas Nigam.
3. We have learned Counsel for the parties and perused the record.
4. There is no dispute between the parties as to the fact that Shri Desh Raj Singh (Respondent No. 1) was engaged as tractor operator on daily wages working with Mohand Depot of Forest Corporation of U.P. in 1999. The Mohand Depot is situated in District Saharanpur of U.P. While the area covered by it at that point of time included the Chilla Range which now falls within the territory of State of Uttaranchal with effect from 9.11.2000. After creation of the new State, it is admitted by the appellants in their counter-affidavit in the aforesaid Writ Petition No. 4172 (S/S) of 2001 that Uttaranchal Van Vikas Nigam came into existence on 1.4.2001. In Para-4 of said counter-affidavit, it is also admitted by the appellants that U.P. Forest Corporation issued Office Order on 25.1.2001 wherein it was provided that the employees of the said Corporation who were working within the territory of Uttaranchal shall continue to work in the new State. Annexure CA-I to said counter-affidavit also makes it clear that Hardwar Logging Division (which is the new name given to the Shivalik Logging Division) was the part of Uttarahchal. It is also admitted in the counter-affidavit of the appellants’ that Mohand Depot was earlier under Shivalik Logging Division. It is thus clear, after going through the affidavits and counter-affidavits, that after the creation of the State of Uttaranchal, Mohand Depot remained within the territory of U.P. while rest part of the Shivalik Logging Division fell within the territory of Uttaranchal. Once it is admitted by the parties, that the employees were bifurcated on the basis of their place of working between the two Corporations, it cannot be said if the appellant Corporation is justified in refusing to give salary to the respondent No. 1.
5. It is pertinent to mention here that after 8.11.2000, under Section 67 of U.P. Reorganization Act, 2000, the status of U.P. Forest Corporation, which is a Statutory Corporation was that of a interstate Corporation, and that status came to an end only w.e.f. 1.4.2001 after arrangement with the newly created Uttaranchal Van Vikas Nigam which started its functioning in the State of Uttaranchal.
6. We have also gone through the counter-affidavit of the U.P. Forest Corporation filed in impugned writ petition and in Para-4 of their counter-affidavit, it has been clearly stated that charge of work in respect of area falling in Uttaranchal State was handed over by the Mohand Depot on 4.2.2001 to the Divisional Logging Manager, Hardwar. The charge certificate which is Annexure-C.A.-1 to the counter-affidavit of the U.P. Forest Corporation corroborates this fact. From the perusal of the record it appears that since respondent No. 1 was in the roll of Mohand Depot but attached for his work in Chilla Range that is why his name did not figure in the list of the employees of the Hardwar Logging Division. Consequently, either of the Corporations refused to accept him. We feel that fault did not lie on the part of the respondent No. 1 and his petition was rightly allowed by learned Single Judge, holding him to be the employee of the new Forest Corporation on the basis of the arrangement between the two Corporations. The impugned judgment and order of the learned Single Judge needs no interference.
7. Accordingly we are of the view that this appeal is liable to be dismissed. The appeal is dismissed. No order as to costs. Special appeal dismissed.