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Pno. No. 60710968 Ravi Kumar and 3 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 3 Others

Allowed/Partly Allowed on merits/Granted
Court
High Court of Judicature at Allahabad
Decided
13 December 2023
Bench
Manish Mathurauthor
Case no.
9278/2023

Judgment

Court No. - 20 Case :- WRIT - A No. - 9278 of 2023 Petitioner :- Pno. No. 60710968 Ravi Kumar And 3 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Santosh Kr. Yadav Warsi,Pooja Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. Heard learned counsel for petitioners and learned State Counsel appearing on behalf of opposite parties. Petition has been filed seeking a direction to opposite parties to relieve petitioners in pursuance of transfer orders dated

18.05.2023 and 16.06.2023, semi government order dated

23.12.2022 and circular dated 10.07.2023, 02.08.2023 and

03.11.2023. It has been submitted that petitioner no.1 (Ravi Kumar) was transferred from 41st Bn. PAC, Ghaziabad to U.P.112, Hathras, petitioner no.2 (Pritam) was transferred from 41st Bn. PAC, Ghaziabad to Commissionerate Gautam Budhhnagar, petitioner no.3 (Sushil Yadav) was transferred from 41st Bn. PAC, Ghaziabad to Commissionerate, Agra and petitioner no.4 (Brajmohan Singh) was transferred from 41st Bn. PAC, Ghaziabad to Commissionerate, Agra on the basis of compassionate ground and public interest. It is submitted that despite aforesaid transfer orders having been issued, relieving orders pertaining to petitioners have not been issued till date despite directions for same dated 10.07.2023 (Annexure No.2). Learned State Counsel on the basis of instructions has submitted that transfer orders dated 18.05.2023 and 16.06.2023 are still subsisting and have not been recalled, withdrawn or modified till date and relieving orders are being issued on the basis of seniority. Considering the fact that the transfer orders dated 18.05.2023 and 16.06.2023 have been passed pertaining to petitioners on compassionate ground and in public interest and are yet subsisting, opposite parties are directed to ensure relieving of petitioners in pursuance of the said transfer orders within a period of one week from the date a certified copy of this order is produced before concerned authority. In view of aforesaid, petition succeeds and is allowed. Parties to bear their own costs. Order Date :- 13.12.2023 kvg/- High Court of Judicature at Allahabad, Lucknow Bench

Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.