Dismissed

Amresh Kumar Pandey v. State of U.P. and Another

Allahabad HC5 Mar 2019WRIA/2043/2019

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What is this about?

The High Court dismissed a writ petition wherein the petitioner challenged an order placing him at Police Lines while performing Cook's duties. The Court found the order did not violate statutory provisions as the petitioner was an Orderly Peon, not an Office Peon. The petition was dismissed for failure.

What did the court decide?

The petitioner's petition for quashing the order dated 27 October 2018 was dismissed and no direction was issued to transfer work.

Amresh Kumar Pandey Vs State of U.P. and Another — Service and Employment | Allahabad HC (2019)

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Court No. - 6

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Case :- WRIT - A No. - 2043 of 2019

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Petitioner :- Amresh Kumar Pandey Respondent :- State Of U.P. And Another Counsel for Petitioner :- Niraj Kumar Dwivedi Counsel for Respondent :- C.S.C.

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Hon'ble Yashwant Varma,J.

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Heard learned counsel for the petitioner and Sri S.K. Dubey, the learned Additional Chief Standing Counsel for the Staterespondents.

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This petition has been preferred for quashing of an order dated 27 October 2018 with a further direction being sought for the respondents being commanded to take the work of Office Peon from the petitioner. The order dated 27 October 2018 merely places the petitioner and posts him at the Police Lines. This order is not shown to fall foul of any statutory provision or the terms and conditions of service of the petitioner. The principal submission which however was addressed was that the petitioner though appointed as an Office Peon is being forced to discharge the work of a Cook. Pursuant to the earlier order passed a Supplementary Affidavit has been filed in which the allegation as made in the writ petition is reiterated by the petitioner.

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Learned Additional Chief Standing Counsel has drawn the attention of the Court to the instructions which have been provided and are taken on the record and for the purposes of identification marked as "X". From these instructions it appears that the petitioner has not been appointed as an Office Peon but as an Orderly Peon in terms of the recommendations made by the National Police Commission. An Orderly Peon principally, according to these instructions, is appointed to aid and assist

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individual police officers including looking after their uniforms and dietary needs. The instructions further disclose that Orderly Peons are attached individually to the officers and are obliged to look after the work which is assigned to them.

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From a perusal of the 2009 Rules also it is evident that there is no post of Office Peon in the Group -D Cadre. The cadre of service includes Followers, Cooks as well as Orderly Peons. These posts are clubbed together and are placed in the same pay scale and pay grade.

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Despite repeated queries, the learned counsel for the petitioner was unable to address the Court on the specific duties which alone an Orderly Peon is liable to be commanded to discharge.

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On the other hand, the Court records the detailed disclosures made in the instructions which also refer to the recommendations made by the National Police Commission on the basis of which the orderly peons are recruited and duties assigned.

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Accordingly, the petition fails and is dismissed .

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Order Date :- 5.3.2019 Arun K. Singh

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(Yashwant Varma, J.)

Amresh Kumar Pandey v. State of U.P. and Another

Case brief

What is this about?

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Amresh Kumar Pandey v. State of U.P. and Another

Case brief

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