Disposed

Constable Driver (Cdr) Personnel No. 040770332 Anil Kumar v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home, Civil Secrt. Lko. and 4 Others

Allahabad HC14 Mar 2024WRIA/2014/2024

Case brief

AI extract

What is this about?

This writ petition challenged the non-relieving of a constable driver transferred from Lucknow to Ghazibad. The High Court directed respondents to issue relieving orders within seven days to facilitate joining.

What did the court decide?

Directed respondent no. 3 to ensure relieving within seven days to enable joining.

What the court decided

Constable Driver (Cdr) Personnel No. 040770332 Anil… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:22411

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Court No. - 18

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Case :- WRIT - A No. - 2014 of 2024

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Petitioner :- Constable Driver (Cdr) Personnel No. 040770332 Anil Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home, Civil Secrt. Lko. And 4 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 20.10.2023, petitioner who is working on the post of Constable (Driver) was transferred. It is further submitted that petitioner has been transferred from Traffic Directorate, Uttar Pradesh Lucknow to Ghazibad. It is submitted that aforesaid transfer order is still in existence but the petitioner is not being relieved in order to effect his joining at the places of transfer.

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It is further submitted that the relieving order would be issued only after No Objection Certificate issued by the respondent no. 3/ Additional Director General of Police, P.A.C., U.P., Mahanagar, Lucknow.

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Learned counsel for the petitioner 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 20.10.2023 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 petitioner relieving has not been afforded in view of the fact that there are

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considerable vacancies in P.A.C. However instructions do not indicate that the transfer order dated 20.10.2023 has been rescinded till date.

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In view of aforesaid facts, the present writ petition is disposed of with a direction to the respondent no. 3/Additional Director General of Police, P.A.C., U.P., Mahanagar, Lucknow and respondent no. 5 to ensure relieving of petitioners' in order to enable petitioners' joining in pursuance of transfer order dated 20.10.2023. 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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Order Date :- 14.3.2024 Ashish

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Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Constable Driver (Cdr) Personnel No. 040770332 Anil Kumar v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home, Civil Secrt. Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

Constable Driver (Cdr) Personnel No. 040770332 Anil Kumar v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home, Civil Secrt. Lko. and 4 Others

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