Allowed

Constable Driver (Cdr), Personnel No. 160541607 Aashish Maan and 4 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home, Civil Sectt. Lko and 6 Others

Allahabad HC13 Feb 2024WRIA/1068/2024

Case brief

AI extract

What is this about?

This single-judge bench of the Allahabad High Court (Lucknow Bench) issued directions to police authorities to effect the relieving of petitioners, Constable Drivers previously transferred from various battalions to new locations under an order dated 18.05.2023, requiring such relief within seven days to facilitate joining.

What did the court decide?

Directions issued to respondent Nos. 4-7 to ensure relieving of petitioners within seven days to enable joining.

Constable Driver (Cdr), Personnel No. 160541607… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:12843

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Court No. - 18

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Case :- WRIT - A No. - 1068 of 2024

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Petitioner :- Constable Driver (Cdr), Personnel No. 160541607 Aashish Maan And 4 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home, Civil Sectt. Lko And 6 Others Counsel for Petitioner :- Anil Kumar Yadav,Sanjay Yadav Counsel for Respondent :- C.S.C.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for petitioners and learned State Counsel appearing on behalf of opposite parties.

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It has been submitted that vide order dated 18.05.2023, petitioners who are working on the post of Constable (Driver) were transferred from 47th BN P.A.C. District Ghaziabad to U.P. 112 District Shamli, 28th BN P.A.C. Etawah to U.P. 112 Commissionerate Agra, 28th BN P.A.C. District Etawah to U.P. 112, District Firozabad, 28th BN P.A.C. District Etawah to U.P. 112 Mainpuri and 23rd BN P.A.C. District Moradabad to U.P. 112 Commissionerate, Gautambudh Nagar by the respondent no. 4/Inspector General of Police, Logistics, U.P. Lucknow. It is submitted that aforesaid transfer orders are still in existence but the petitioners are not being relieved in order to effect their joining at the places of transfer.

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Learned counsel for the petitioners has placed reliance upon the judgment and orders dated 16.08.2023, 09.11.2023 and 22.12.2023 passed by this court in Writ A Nos. 5292 of 2023, 8920 of 2023 and 9998 of 2023 respectively. He submits that the present case is squarely covered with the said judgments.

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Learned State Counsel on the basis of written instructions submits that the transfer order dated 18.05.2023 is still in existence and has not been rescinded or withdrawn till date. He does not dispute the fact that the present case is squarely covered with the judgments upon which learned counsel for the petitioner has placed reliance.

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It has further been submitted that petitioners relieving has not been afforded in view of the fact that there are considerable vacancies in P.A.C. However instructions do not indicate that the transfer order dated 18.05.2023 has been rescinded till date.

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In view of aforesaid facts, the opposite party No. 4, 5, 6 & 7 i.e. the Inspector General of Police, Logistics, U.P. Lucknow, Commandant 47th BN P.A.C, District Ghaziabad,

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Commandant, 28th BN P.A.C. District Etawah and Commmandant, 23rd BN P.A.C., District Moradabad are directed to ensure relieving of petitioners in order to enable petitioners' joining in pursuance of transfer order dated 18.05.2023. Such relieving shall be effected within a period of seven days from the date a certified copy of this order is produced before the concerned authority.

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With the aforesaid directions, the writ petition stands disposed of.

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Order Date :- 13.2.2024 Nitesh

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Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench

Constable Driver (Cdr), Personnel No. 160541607 Aashish Maan and 4 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home, Civil Sectt. Lko and 6 Others

Case brief

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What did the court decide?

Constable Driver (Cdr), Personnel No. 160541607 Aashish Maan and 4 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home, Civil Sectt. Lko and 6 Others

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