Head Const. Shiv Das Yadav (Pno No. 880500355) and 50 Others v. State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Home, U.P. Lucknow and 5 Others

Court No. - 3 Case :- WRIT - A No. - 4664 of 2023 Petitioner :- Head Const. Shiv Das Yadav (Pno No. 880500355) And 50 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Home, U.P. Lucknow And 5 Others Counsel for Petitioner :- Sudhir Kumar Misra Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.

¶1Heard Sri Sudhir Kumar Misra, learned counsel for the petitioners and Ms. Deepsikha, learned Chief Standing Counsel for the State-respondents.

¶2The present petition has been filed by 51 petitioners with the following prayer:- "(I) Issue a writ, order or direction in the nature of Certiorari, quashing and setting aside impugned order of transfer dated

13.06.2023 and Relieving order dated 14.06.2023 passed and issued by Respondent No.4 Addl. Superintendent of Police U.P, P.A.C. Head Quarter Lucknow, and impugned List dated

15.06.2023 issued by Respondent No.5 contained in Annexure 1, 2 and 3,

(II)Issue a writ, order and/or direction in the nature of Mandamus directing the opposite parties not to implement the transfer order dated 13.06.2023 passed and issued by opposite party No.4, and further allow the petitioners continuously at present place of posting at 11th Battalion and 27 Battalion PAC, 2nd PAC Sitapur and pay them salary regularly in the interest of justice."

¶3The facts of the present case is that the petitioners, who are Head Constables, in P.A.C. force have been transferred by the order dated 13.06.2023 issued by the respondent No.3-Additional Superintendent of Police, P.A.C. Head Quarter, Lucknow after obtaining the approval from the respondent No.2 i.e. the Chairman U.P. P.A.C., Establishment Board, Lucknow.

¶4Learned Chief Standing Counsel has placed a circular dated

16.06.2023 before this Court issued by the Additional Director General of Police, P.A.C., U.P. address to all the Commandents, P.A.C. Battalion, U.P. The contents of the said letter is quoted below:- "

ससववमम,

समसतससनवनवयक

पपएसपववहहनप,

उतरपदसश।

ककपयवइसममखयवलयकससमससखयकआदसशहदनवसक13.06.2023

कवससदरर

गहणकरनसकवकषकरमजजसकसदवरवएकववहहनपहसतमहनरवररतकवयरकवल

पपणरकरनसववलसममखयआरहकययकवसथवनवनतरणपपएसपककएकववहहनपसस

दपसरपववहहनपममहकयवगयवहह।

2.

उलसखनपयहहहकएकववहहनपहसतमहनरवररतकवयरकवल15

वररपपणरकरनस

ववलससमसतममखयआरहकययममससहदनवसक30.04.2025

तकससववहनवकत

हहनसववलस, बहणड,

कमवणडयदल,

बवढरवहतदलममकवयरतयप०पप०112 मम

समबदतवपरकवयरत,

बप०डप०डप०एस०/

शववनदल,

समरकवममखयवलयमम

कवयरतएवसगसरपरबपमवरपससगजसतममखयआरहकययकहछहडकरशसरममखय

आरहकययकवसथवनवनतरणउकआदसशदवरवहकयवजवचमकवहह।

3.

अततउपरहकशसणपकसअनतगरतआनसववलसममखयआरहकययकहछहडकर

यहदहनरवररतकवयरकवल15

वररपपणरकरनसववलसहकसपममखयआरकपकव

सथवनवनतरणआपककववहहनपससनहहआहह,

तहउसकवहववरणततकवलइस

ममखयवलयकहउपलबरकरवनसकवकषकरम।सवथहपइसआशयकवपमवण-

पतरपउपलबरकरवयवजवयसहकहनरवररतकवयरकवलपपणरकरनसववलसउक

शसणपकहछहडकरअनयकहईममखयआरकपववहहनपममसथवनवनतरणहसतमशसर

नहहहह। (

डव०कस०एस०पतवपकममवर)

अपरपमजलसमहवहनदसशक, पपएसप

उतरपदसश।"

¶5Learned Chief Standing Counsel submits that in the light of the aforesaid letter dated 16.06.2023 issued by the P.A.C. Directorate, the authorities are in the process of considering the grievance of the petitioners.

¶6Learned counsel for the petitioners submits that justice would be suffice if liberty is given to the petitioners to prefer fresh representation before the competent authority for redressal of their grievances. He further prays that direction may also be issued to the authority concerned to consider and decide the same within time specified by this Court.

¶7Learned Chief Standing Counsel submits that she has no objection to the aforesaid prayer made by the learned counsel for the petitioners.

¶8Accordingly, the present writ petition is disposed of with the liberty to the petitioners to prefer representation before the appropriate authority i.e. respondent No.2-The Chariman U.P. P.A.C., Establishment Board/Addl. Director General of P.A.C., P.A.C. Head Quarter Mahanagar Lucknow within a period of one week from today for redressal of their grievances.

¶9In case such a representation is moved within the time as specified above, the respondent No.2 shall thoroughly consider and decide the same in the light of the Government Orders as well as the administrative instruction as issued from time to time and shall also take into account the genuine grounds to be raised in the representation perfectly in accordance with law, to ventilate the grievances of the petitioners within a further period of ten days.

¶10The present writ petition is disposed of in the aforesaid terms. Order Date :- 20.6.2023 Saurabh Yadav/- High Court of Judicature at Allahabad, Lucknow Bench