Pno No. 870490068, Virendra Kumar Rai and 55 Others v. State of U.P. Thru. Its Addl. Chief Secy. Deptt. of Home the Govt. of U.P. Lko. and 5 Others

Court No. - 3 Case :- WRIT - A No. - 4655 of 2023 Petitioner :- Pno No. 870490068, Virendra Kumar Rai And 55 Others Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home The Govt. Of U.P. Lko. And 5 Others Counsel for Petitioner :- Santosh Kr. Yadav Warsi Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.

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

¶2The present petition has been filed by 56 petitioners with the following prayer:- "i. Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned order dated 13.06.2023 passed by O.P. No.2 and 4 (Annexure No.2) and 14.06.2023 (Annexure No. 1) to the extent of transfer of the petitioners. ii. Issue a writ, order or direction in the nature of mandamus thereby commanding the respondents concerned to allow the petitioners to continue to work at their respective place of posting."

¶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.4-Additional Superintendent of Police, P.A.C. Head Quarter, Lucknow after obtaining the approval from the respondent No.2.

¶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-PAC Establishment Board, U.P. 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