The Constables and Head Constables in PAC, being deemed Police Officers and part of one Police Force, can be transferred from PAC to Civil Police and vice versa.

JUDGMENT :

1. In all these writ petitions similar issues are raised, therefore, with the consent of learned counsel for the parties, all writ petitions are being decided by this common judgment.

2. All the petitioners are Constables or Head Constables in Uttar Pradesh Provincial Armed Constabulary (hereinafter referred to as “UPPAC”) and posted at various Districts of Uttar Pradesh in PAC Bn., are being transferred by impugned orders to Civil Police in various Zone/Commissionerate.

3. Learned counsel appearing on behalf of petitioners as well as respondents have relied on the provisions of Police Act, 1861 (hereinafter referred to as “Act, 1861”); The Uttar Pradesh Pradeshik Armed Constabulary Act, 1948 (hereinafter referred to as “UPPAC Act, 1948”); U.P. Police Regulations; The Uttar Pradesh Police Constable and Head Constable Service Rules, 2015 (hereinafter referred to as “Rules, 2015”); The Uttar Pradesh Pradeshik Armed Constabulary Subordinate Officers Service Rules, 2008 (hereinafter referred to as “UPPAC Rules, 2008”); and, The Uttar Pradesh Pradeshik Armed Constabulary Subordinate Officers Service Rules, 2015 (hereinafter referred to as “UPPAC Rules, 2015”), and have interpreted in support of their respective arguments.

4. The issue which arises for consideration is, whether the Constables or Head Constables appointed under UPPAC can be transferred to Armed Police in various Zone/Commissionerate?

5. The legal battle from the side of petitioners was headed by Sri Amit Saxena, learned Senior Advocate assisted by Sri Agnihotri Kumar Tripathi, who has taken this Court on various provisions of above referred Acts and Rules to emphasise that the Constables and Head Constables appointed in UPPAC have an independent cadre whereas Constables and Head Constables of the Armed Police have a different cadre, therefore, they cannot be treated as one cadre as it will adversely affect petitioner’s inter se seniority as well as their legible right of promotion. UPPAC was established under UPPAC Act, 1948 whereas Civil Police was set up by Act, 1861.

6. Learned Senior Advocate appearing for petitioners has placed reliance on Rule 41 of erstwhile UPPAC Rules, 2008 as well as Rule 25 of UPPAC Rules, 2015 (currently in force) that, all the officers including Constables and Head Constables may be transferred or posted within PAC from one place to another by order of PAC Establishment Board constituted by the Government. As such, petitioners cannot be transferred to another cadre, i.e., Armed Police which would be against the said provisions. For reference Rule 41 of erstwhile UPPAC Rules, 2008 and Rule 25 of UPPAC Rules, 2015 are quoted hereunder:

Rule 41 of erstwhile UPPAC Rules, 2008

“41. Transfers.--(1) Quarter Master, Company Commander, Platoon Commanders, Head Constables and Constables and employees posted in other equivalent posts may be transferred or posted within Pradeshik Armed Constabulary from one place to another by the order of Pradeshik Armed Constabulary Establishment Board constituted by the Government.

(2) Quarter Master, Inspector, Armed Police, Traffic Inspector, SubInspector armed police will be selected as prevailing process and norms. The cadres may be transferred or posted Distts./Units/Pradeshik Armed Constabulary by the order of Police Establishment Board constituted by Government.

(3) Traffic Sub-Inspector will be selected by Traffic Directorate and not be transferred or posted Distts./Units/Pradeshik Armed Constabulary by Traffic Directorate

(4) Name of posts of equivalent ranks of Upper Subordinate Officers of Pradeshik Armed Constabulary, at the time of commencement of these rule are as below:

Inspector Armed Police:

(a) ‘Company commander’ in Pradeshik Armed Constabulary.

(b) ‘Quarter Master’ in Pradeshik Armed Constabulary.

‘Inspector Armed Police’ in districts, training institutions, Government Railway Police and other