Petitioners challenged allocation to Uttarakhand cadre. Relying Jagdish Narayan Doharey, court held they can continue in U.P. Impugned allocation orders quashed; writ petition allowed.
Quashed orders allocating petitioners to Uttarakhand and relieving them from U.P.; directed respondents to proceed as per guidelines.
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Court No. - 28
Case :- WRIT - A No. - 27670 of 2009
Petitioner :- Chandra Jeet Yadav & Others Respondent :- State Of U.P. & Others Counsel for Petitioner :- Vijay Gautam Counsel for Respondent :- C.S.C.,A.S.G.I./2009/1200,G.P.Singh,P.S. Baghel,Triloki Singh
Hon'ble Ajay Bhanot,J.
Heard Sri Devesh Kumar Mishra, learned counsel for the petitioners and learned Standing Counsel for the State.
Sri Devesh Kumar Mishra, learned counsel for the petitioners submits that the petitioners are entitled to continue as Constables in the U.P. Police. He relies the case of Jagdish Narayan Doharey Vs. State of U.P. (Allahabad) reported at 2015(8) ADJ 78 .
Learned Standing Counsel fairly submits that the case of the petitioners is covered by the judgement of this court rendered in the case of Jagdish Narayan Doharey (supra).
The matter relates to transfer of the petitioners from the U.P. Cadre to Uttarakhand Cadre. The petitioners were posted as Constables in U.P. Police and were allocated the Uttarakhand cadre upon its creation.
The petitioners have assailed the orders allocating them to the Uttarakhand cadre and relieving them from the State of U.P., in the instant writ petition. An interim order was granted by this court on 27.5.2009. The petitioners have not joined their services in Uttarakhand and continue to work as Constables in the State of U.P. on the foot of the interim order.
The matter relating to transfer of employees from State
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of U.P. to Uttarakhand upon allocation of the cadre was decided by this court in the case of Jagdish Narayan Doharey Vs. State of U.P. (Allahabad) reported at 2015(8) ADJ 78 . The extracts of the judgement which are relevant are reproduced herein below :-
“4. The petitioners are serving on Class-III and IV posts in different departments of the State Government.
| dz0la0 | dkjZokbZ dh izfdz;k | le;&lhek |
|---|---|---|
| 1 | fn'kk&funsZ'kksa dks vafre :Ik nsuk | 15.06.2015 |
| 2 | fn'kk&funsZ'kksa dks vf/klwfpr djuk | 30.06.2015 |
| 3 | fodYi izkIr djus dh vafre frfFk | 31.07.2015 |
| 4 | fodYiksa dh tkap djuk | 15.08.2015 |
| 5 | jkT; ds ,lvkj izHkkx }kjk lykgdkj lfefr dks izLrko lkSaiuk |
21.08.2015 |
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| 6 | lykgdkj lfefr }kjk flQkfj'kksa dh tkap djuk | 1.09.2015 |
|---|---|---|
| 7 | sdkfeZd vkSj izf"k{k.k foHkkx dks izLrko lkSaiuk | 08.09.2015 |
| 8 | dsUnz ljdkj dk vuqeksnu | 23.09.2015 |
The petitioners are entitled to continue as Constables in the State of U.P. in view of the law laid down by this court in the case of Jagdish Narayan Doharey (Supra). The orders dated 21.1.2009 passed by respondent no.12 and 5.5.2009 passed by respondents no.8 are quashed.
The writ petition is allowed.
Order Date :- 23.8.2018 Pramod
1 issue framed by the court
Whether petitioners allocated to Uttarakhand cadre can continue in U.P. Police based on interim orders.
Colour shows how this judgement treated each authority
Jagdish Narayan Doharey Vs. State of U.P. (Allahabad)Relied on¶7
2015(8) ADJ 78
Chandra Jeet Yadav & Others
State Of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
