Purnendu Singh, J.—Heard Mr. Bindhyachal Singh, learned senior counsel along with Mr. Harshvardhan Shivsundaram and Mr. Ebrahim Kabir, learned counsels appearing on behalf of the petitioners and learned Additional Advocate General-12 for the State.

2. The petitioners in paragraph no. 1 of the present writ petition have sought, inter alia, following relief(s), which are reproduced hereinafter:—

“(1) To issue appropriate direction, order or writ in the nature of Certiorari quashing the part of order issued by the Inspector General of Police (Headquarter), Bihar, Patna as contained in memo no. 49 dated 23.01.2024, memo no. 58 dated 25.01.2024 and memo no. 158 dated 29.02.2024 (Annexure- P/7 series) by which petitioner no. 2 to 16, who are office bearers of the Bihar Police Association, Patna have wrongly been transferred in utter violation of the Government instructions issued time to time with respect to transfer of office bearers of the service associations/employees unions.

(ii) To issue appropriate direction, order or writ in the nature of Certiorari quashing the letter no. 123 dated 12.03.2024 (Annexure- P/10) issued by the Inspector General of Police (Headquarter), Bihar, Patna by which the concerned authorities have been directed to relieve the office bearers of the Bihar Police Association with effect from 01.03.2024.

(iii) To issue appropriate direction, order or writ in the nature of Mandamus commanding the respondents to stay the transfer of the petitioner no.2 to 16 till completion of their tenure at respective places as office bearer of the Association.

(iv) To grant ad-interim stay on operation of the aforesaid orders.

(v) To grant any other relief or reliefs to which the petitioners are entitled for.

3. The writ petition was heard on 18.04.2024. A direction was given to the Director General of Police, Patna for filing counter affidavit on or before 25th of April, 2024. A comprehensive counter affidavit has been filed giving reason as to why the grievance of the petitioners, who were transferred to different police stations for discharging duties cannot be interfered merely because they are holding elected post of executive committee of respective Associations. This Court vide order dated 25.09.2024 framed legal issues to be decided inter alia, the same are reproduced hereinafter:—

“(i) Rule 712 (2) of the Police Manual is ultra vires Constitution because of the fact that it discriminates the provisions of equal pay for equal work and the elected members of the Executive Committee of the Bihar Police Association will not be posted in the Police Stations/Outposts/Phanry (iQSjh) to discharge their duties by dint of their selection as officer bearers of the Association.

(ii) whether any such Government order in this behalf creates discrimination in between the members of the force.

(iii) whether the names of transfer of a police station and discharging duties can be recollected by passing a Resolution by the Police Department. Relieving the office bearers of the Association from discharging any duties and so long they will be office bearers, they will discharge the function of the Association staying in the police line.”

4. Today, learned Additional Advocate General No.12 appearing on behalf of the State informed this Court that the issues framed vide the order dated 25.09.2024 need not be gone into, considering the fact, that as per the conditions laid down in Clause 5 of the transfer order No. 1/04-09-07-2024 dated 23.01.2024, petitioners are only required to join their place of transfer for considering their representation as per Clause 5 of the transfer order. Clause 5 inherently contains the protection in view of the relief claimed by the petitioners in the present writ petition. Learned counsel further submitted that the issues, as framed, have already been settled by the Hon’ble Supreme Court in several decision. In this regard, he has placed reliance on the law laid down by the Apex Court in the case of S. C. Saxena vs. U