Disposed

Pno No. 870490068, Virendra Kumar Rai and 55 Others v. State of U.P. Thru. Its Addl. Chief Secy. Deptt. of Home the Govt. of U.P. Lko. and 5 Others

Allahabad HC20 Jun 2023WRIA/4655/2023

Case brief

AI extract

What is this about?

This disposal allows petitioner Head Constables liberty to prefer representation on their transfer before the PAC Establishment Board within one week. The Court directs the respondent authority to consider the representation and decide it within ten days based on administrative instructions.

What did the court decide?

Petitioners granted liberty to prefer representation before PAC Establishment Board within one week; authority directed to decide within ten days.

Pno No. 870490068, Virendra Kumar Rai and 55 Others… — Service and Employment | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:41441

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Court No. - 3

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Case :- WRIT - A No. - 4655 of 2023

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Petitioner :- Pno No. 870490068, Virendra Kumar Rai And 55 Others Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home The Govt. Of U.P. Lko. And 5 Others Counsel for Petitioner :- Santosh Kr. Yadav Warsi Counsel for Respondent :- C.S.C.

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard Sri Santosh Kumar Yadav Warsi, learned counsel for the petitioners and Ms. Deepsikha, learned Chief Standing Counsel for the State-respondents.

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The present petition has been filed by 56 petitioners with the following prayer:-

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"i. Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned order dated 13.06.2023 passed by O.P. No.2 and 4 (Annexure No.2) and 14.06.2023 (Annexure No. 1) to the extent of transfer of the petitioners.

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ii. Issue a writ, order or direction in the nature of mandamus thereby commanding the respondents concerned to allow the petitioners to continue to work at their respective place of posting."

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The facts of the present case is that the petitioners, who are Head Constables, in P.A.C. force have been transferred by the order dated 13.06.2023 issued by the respondent No.4Additional Superintendent of Police, P.A.C. Head Quarter, Lucknow after obtaining the approval from the respondent No.2.

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Learned Chief Standing Counsel has placed a circular dated 16.06.2023 before this Court issued by the Additional Director General of Police, P.A.C., U.P. address to all the Commandents, P.A.C. Battalion, U.P. The contents of the said letter is quoted below:-

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" ससववमम , समसतससनवनवयक पपएसपववहहनप ,

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उतरपदसश।

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ककपयवइसममखयवलयकससमससखयकआदसशहदनवसक 13.06.2023 कवससदरर गहणकरनसकवकषकरमजजसकसदवरवएकववहहनपहसतमहनरव र रतकवयरकवल पपणरकरनसववलसममखयआरहकययकवसथवनवनतरणपपएसपककएकववहहनपसस दपसरपववहहनपममहकयवगयवहह।

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2. उलसखनपयहहहकएकववहहनपहसतमहनरव र रतकवयरकवल 15 वररपपणरकरनस ववलससमसतममखयआरहकययममससहदनवसक 30.04.2025 तकससववहनवकत हहनसववलस , बहणड , कमवणडयदल , बवढरवहतदलममकवय र तयप०पप० 112 मम समबदतवपरकवय र त , बप०डप०डप०एस० / शववनदल , समरकवममखयवलयमम कवय र तएवसगसरपरबपमवरपससगजसतममखयआरहकययकहछहडकरशसरममखय आरहकययकवसथवनवनतरणउकआदसशदवरवहकयवजवचमकवहह। 3. अततउपरहकशसणपकसअनतगरतआनसववलसममखयआरहकययकहछहडकर यहदहनरव र रतकवयरकवल 15 वररपपणरकरनसववलसहकसपममखयआरकपकव सथवनवनतरणआपककववहहनपससनहहआहह , तहउसकवहववरणततकवलइस ममखयवलयकहउपलबरकरवनसकवकषकरम।सवथहपइसआशयकवपमवण - पतरपउपलबरकरवयवजवयसहकहनरव र रतकवयरकवलपपणरकरनसववलसउक शसणपकहछहडकरअनयकहईममखयआरकपववहहनपममसथवनवनतरणहसतमशसर नहहहह।

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( डव०कस०एस०पतवपकममवर ) अपरपमजलसमहवहनदसशक , पपएसप उतरपदसश। "

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Learned Chief Standing Counsel submits that in the light of the aforesaid letter dated 16.06.2023 issued by the P.A.C. Directorate, the authorities are in the process of considering the grievance of the petitioners.

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Learned counsel for the petitioners submits that justice would be suffice if liberty is given to the petitioners to prefer fresh representation before the competent authority for redressal of their grievances. He further prays that direction may also be issued to the authority concerned to consider and decide the same within time specified by this Court.

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Learned Chief Standing Counsel submits that she has no objection to the aforesaid prayer made by the learned counsel for the petitioners.

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Accordingly, the present writ petition is disposed of with the liberty to the petitioners to prefer representation before the appropriate authority i.e. respondent No.2-PAC Establishment Board, U.P. Lucknow within a period of one week from today

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for redressal of their grievances.

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In case such a representation is moved within the time as specified above, the respondent No.2 shall thoroughly consider and decide the same in the light of the Government Orders as well as the administrative instruction as issued from time to time and shall also take into account the genuine grounds to be raised in the representation perfectly in accordance with law, to ventilate the grievances of the petitioners within a further period of ten days.

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The present writ petition is disposed of in the aforesaid terms.

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Order Date :- 20.6.2023 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Pno No. 870490068, Virendra Kumar Rai and 55 Others v. State of U.P. Thru. Its Addl. Chief Secy. Deptt. of Home the Govt. of U.P. Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

Pno No. 870490068, Virendra Kumar Rai and 55 Others v. State of U.P. Thru. Its Addl. Chief Secy. Deptt. of Home the Govt. of U.P. Lko. and 5 Others

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