The DIG PHQ had the authority to transfer the Appellant under Regulation 520 of the U.P. Police Regulations, which permits the DIG of the range to transfer inspectors and sub-inspectors.

S.C. Mathur, J.

1. This Special appeal relates to transfer of a Government servant from one district to another. His challenge against the transfer order has failed before the learned Single Judge. He has, accordingly, preferred the instant appeal.

2. By order dated 3rd May, 19.93 the Deputy Inspector General of Police (Personnel) U.P. Police Headquarter, Allahabad, (for short 'DIG PHQ), transferred the Appellant from Maharaj Ganj to Lucknow. At Maharaj Ganj he was posted as Stenographer to the Superintendent of Police. At Lucknow he has been posted at Radio Headquarters.

3. The aforesaid transfer order was challenged by the Appellant on the ground that the DIG PHQ had no jurisdiction to pass the transfer order and the delegation of power in his favour was invalid. The learned Single Judge was of the opinion that there was no lack of power in the DIG PHQ and, therefore, the order of transfer was not invalid. The learned Single Judge has referred to the fact that prior to 6th September, 1966 clerical/ministerial staff working in various offices of the police department, were not part of the police force of the State and accordingly such staff was not governed by the provisions of the U.P. Police Regulations but with effect from the said date the ministerial/clerical staff also become part of the police force of the State and come to be governed by the U. P Police Regulations and under the U.P. Police Regulations it was permissible for the DIG PHQ to pass the transfer order.

4. In the instant appeal the learned Counsel for the Appellant has reiterated the pleas raised by him before the learned Single Judge. We have heard him at some length.

5. It is not disputed by the learned Counsel for the Appellant that prior to 6th September, 1966 clerical/ministerial staff working in various offices of the police department was not part of the police force of the State but such staff became part of the U.P. Police Force after the said date by virtue of the Government Order issued on that date. By this Government Order the ministerial/clerical staff not only became part of the police force but they were also assigned police ranks according to the scale in which they drew salary. The Government Order refers to the scale of pay and the corresponding police rank with, letter (M) mentioned against the rank. This Government Order is prospective in operation which is apparent from the fact that it uses the word 'hence-forth'. It is undisputed that the Appellant was appointed subsequent to issue of the Government Order dated 6th September, 1966. Accordingly he will be entirely governed by the provisions contained in the Police Regulations and not by corresponding provisions contained in the U.P. Police Office Manual.

6. Chapter XXXIV of the Police Regulations deals with "transfers" Regulation 520 falling under this chapter reads as follows:

Transfer of Gazetted Officers are made by the Governor in Council.

The Inspector General may transfer Police Officers not above the rank of inspector throughout the province.

The Deputy Inspector General of Police of the range may transfer inspectors, sub-inspectors, head constables and constables, within his range: provided that the postings and transfers of inspectors and reserve sub-inspectors in hill station will be decided by the Deputy Inspector General of Police, Headquarters....

Under the above provision the Deputy Inspector General of Police of the range is competent to effect transfer of inspectors and sub-inspectors. Paragraph 313 of the U.P. Police Office Manual mentions the scale of pay of various ministerial posts. Stenographers are divided into two categories, senior scale stenographers and junior scale stenographers. The pay scale of senior scale stenographers is mentioned as Rs. 65-5-130 and of junior scale stenographers as Rs. 50-1 1/2-65. This appears to be unrevised scale of pay. In Government Order dated 6th September, 1966 the pay of assistant sub-inspector of police ranges from Rs 100 to