Shri Abhishek Singhvi, learned Counsel, who presented the case for the petitioner, neatly and forcefully, urged that the effect of the order of provisional allotment dated October 24, 1966 and the first of the two orders of final allotment made on August 31, 1968 was that Teja Singh stood finally allotted to the Union Territory of Chandigarh He invited our attention to some companyrespondence which passed between the State of Punjab and the Government of India to urge that 35 the State of Punjab also laboured under the impression that Tej Singh was allotted to the Union Territory of Chandigarh We are afraid we cannot accept the submissions of Shri Singhvi The order of provisional allotment dated October 30, 1966 in which Teja Singh by name, was allotted to the Stale of Punjab, certainly prevailed over the general order of allotment dated October 24, 1966 If that was so it followed that it was the second of the final orders of allotment dated August 31, 1968 that applied to Teja Singh.
The effect of the special order dated October 30, 1966 over the general order dated October 24 1966 was that Teja Singhs allotment to the Union Territory of Chandigarh by the general order dated October 24, 1966 stood superseded by the special order dated October 30, 1966 allotting Teja Singh by name to the State of Punjab.
The nett effect of the two provisional orders dated October 24, 1966 and October 30 1966 and the two final orders dated August 31, 1966 was that Teja Singh stood 45 allotted to the State of Punjab and number to the Union Territory of Chandigarh.
By the first Order, the Central Government determined that all persons belonging to the Health Department who immediately before the appointed day were serving in companynection with the affairs of the State of Punjab in the territories specified in Section 4 of the Act, that is to say, in the territories which were to companyprise the Union Territory of Chandigarh, and who were required by the order dated October 24, 1966 to provisionally serve in companynection with the affairs of the Union Territory of Chandigarh, shall be deemed to have been finally allotted to the Union Territory of Chandigarh, with effect from October 1, 1966.
Both the writ petitions were dismissed by the High Court on March 16, 1981 The two civil appeals number before us have been filed by Teja Singh under Article 136 of the Constitution.
However, before the appointed day, on October 30, 1966, the Government of India issued another order, also under Section 82 i of the Punjab Reorganisation Act, requiring the persons mentioned in the Schedule annexed to the order, who were serving immediately before the appointed day in companynection with the affairs of the State of Punjab to serve, provisionally, from the appointed day in companynection with the affairs of the State of Punjab, Haryana and Tie Union Territory of Himachal Pradesh, as indicated in the said Schedule.
THE PUNJAB REORGANISATION ACT was enacted in 1966 and the companyposite State of Punjab was split into the States of Punjab Haryana and the Union Territory of Chandigarh and some areas were transformed to the Union Territory number State of Himachal Pradesh.
By the second order, the Central Government determined that all persons belonging to the Health Department, who immediately before the appointed day were serving in companynection with the affairs of the State of Punjab in the territories specified in Section 6 of the Act, that is to say, in the territories which were to companystitute the new State of Punjab and who were required provisionally to serve in companynection with the affairs of the State of Punjab, shall be deemed to have been finally allotted to the State of Punjab with effect from October 4, 1966.
Thereafter on October 31, 1968, the Government of India issued two orders under Section 82 ii of the Punjab Reorganisation Act.
The effect of the two orders dated August 31, 1968 on Teja Singh was that he stood finally allotted to the State of Punjab.
Amongst the personnel belonging to the Health Department allocated to the State of Punjab and shown in the Schedule, the appellant, Teja Singh, Radiographer was shown at serial No.
The second order companytained a further proviso which x stated that the persons, who were mentioned by name in companyumn 1 of the Schedule annexed to the order, shall be deemed to have been finally allotted to the State or Union Territory shown in companyumn 3 of the said Schedule.
Section 6 specified the territories which were to companyprise the future State of Punjab.
The appellant, Teja Singh was appointed as a Radiographer in the companyposite State of Punjab in November, 1959.
The second writ petition was a companysequential one in which he questioned the withdrawal of the allotment of quarters to him.
The effect of the order was to provisionally allot, from the appointed day, all those employees of the companyposite State of Punjab, who were serving in the territories proposed to be companystituted as the Union Territory of Chandigarh to the service of the Union Territory of Chandigarh.
Thereupon the appellant filed two writ petitions in the High Court of Punjab and Haryana By the first one, he questioned the right of the Government of Punjab to post him or transfer him anywhere as, according to him he had been finally allotted to the Union Territory of Chandigarh and number to the State of Punjab.
Section 4 of the Act provided for the formation of the Union Territory of Chandigarh and specified the areas which were to form such Union Territory.
Even after the final allocation of the appellant to the State of Punjab, he companytinued to work in the General Hospital in the Union Territory of Chandigarh.
He claimed that he was an employee to the Union Territory of Chandigarh and number of the State of Punjab.
In 1964, he was posted to the General Hospital, Sector 16, Chandigarh.
Special leave granted.
Consequent on his reversion to the State of Punjab from the General Hospital Chandigarh, the allotment of quarters to the appellant was also withdrawn.
It is important to numbere here that Teja Singhs name was number mentioned in the Schedule.
