IN THE HIGH COURT OF ALLAHABAD
Pradeep Kumar Singh Baghel, Salil Kumar Rai, JJ.
Param Singh And Others - Appellant
Vs.
State Of U.P. And Others - Respondent
SPECIAL APPEAL No. - 1163 of 2018
Decided On : 19-11-2018
Public service Act –Appeal emanates from judgment of Single Judge whereby he dismissed the writ petition filed by the appellants-petitioners challenging their transfer order or direction in the nature of Certiorari quashing the impugned transfer order passed by respondent by which the petitioners have been transferred from District-Held Most of the Government employees have children and if it is held that they cannot be transferred in mid-term of their children studying in school, there could hardly be any transfer Transfer is an exisgency of service. the petitioner may make a representation to the higher authority who decide the same preferably within a month thereafter in accordance with law court cannot interfere with the impugned transfer order The petition is disposed of." (Para 3)
Facts of the case:
Appeal emanates from judgment of Single Judge whereby he dismissed the writ petition filed by the appellants-petitioners challenging their transfer order or direction in the nature of Certiorari quashing the impugned transfer order passed by respondent by which the petitioners have been transferred from District.
Findings of the court:
Most of the Government employees have children and if it is held that they cannot be transferred in mid-term of their children studying in school, there could hardly be any transfer, Transfer is an exisgency of service. the petitioner may make a representation to the higher authority who decide the same preferably within a month thereafter in accordance with law court cannot interfere with the impugned transfer.
Result : The petition is disposed of.
1. The present special appeal emanates from a judgment of the learned Single Judge dated 25.10.2018 whereby he has dismissed the writ petition filed by the appellants-petitioners challenging their transfer order dated 10.5.2018.
The relevant facts may briefly be stated:
2. The appellants are five in number. They had filed a writ petition being Writ-A No. 22839 of 2018 along with ten other petitioners. All the appellants are Constables in Traffic Police. They are Group-C State Government employees. Although the writ petition was filed by fifteen petitioners but only five petitioners have filed this appeal. In paragraph-4 of the writ petition it is stated that the petitioner no. 1 was appointed in the year 2006 in Police Department. There are no details regarding other petitioners. In fact, the pleadings of the writ petition are incomprehensible. The reliefs sought by the appellants-petitioners in the writ petition read as under:
"I. Issue a writ, order or direction in the nature of Certiorari quashing the impugned transfer order dated 11.05.2018 and relieved order dated 21.08.2018 (12.09.2018) and consequential order dated 18.09.2018 (19.09.2018) and date fixed order dated 18.10.2018 (16.10.2018) and 02.10.2018 passed by respondent nos. 4, 5, 6 and 9 by which the petitioners have been transferred from District-Agra and other Districts to Traffic Police Lucknow, enclosed as Annexure No.1 to this writ petition.
II. Issue a writ, order or direction in the nature of Mandamus directing the respondent no. 3 and 4 to cancel the transfer of the petitioners in absence of own request and not transfer from District-Agra and other Districts to Traffic Police Lucknow."
3. The learned Single Judge on 25.10.2018 dismissed the writ petition by the following order:
"Heard learned counsel for the petitioners and the learned Standing Counsel for the State-respondents.
This petition calls in question an order of transfer dated 10 May 2018, in terms of which the fifteen petitioners have been transferred pursuant to the recommendations made by the Police Establishment Board. This order of transfer is not shown to fall foul of any statutory provision. The petitioners also do not dispute that they hold a transferable post.
On an overall conspectus of the aforesaid facts, this Court finds no merit in the prayer made by the petitioner.
The petition is consequently dismissed."
4. The appellant nos. 1, 2 & 3 are working as Constables at Rampur, whereas the appellant nos. 4 and 5 are posted at Agra and Moradabad respectively.
5. We have heard Sri Vijay Gautam, learned counsel for the appellants and the learned Standing Counsel.
6. Learned counsel for the appellants submits that the State Government has issued a Government Order dated 11.7.1986 laying down the policy regarding transfer of police personnel and also the period of posting in one District. The appellants have been transferred against the transfer policy. The transfer of the appellants has been made during the mid-academic session. Lastly, he urged that learned Single Judge has not given any reason and by a cryptic order the writ petition has been dismissed.
7. From the material on record it appears that respondent no. 3 vide an order dated 11.5.2018 had transferred 193 constables from various districts to District Lucknow on their own requests. Petitioners' names also figured in the said transfer list. The said order was amended on 19.5.2018, wherein it was mentioned that in the previous order dated 11.5.2018 inadvertently it was mentioned that the transfer of the constables was made on their own requests. The said sentence was deleted and it was substituted that the transfer orders have been passed in public interest.
8. The aforesaid order dated 11.5.2018 was challenged by a large number of constables including the petitioners by means of Civil Misc. Writ Petition No. 12602 of 2018 (Rajneesh Kumar and others v. State of U.P. and others). The said writ petition was allowed on 6.7.2018. In the said
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