Personnel No. 160560853 Abhishek and 6 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home, Govt. U.P. Lucknow and 6 Others

Court No. - 20 Case :- WRIT - A No. - 9533 of 2023 Petitioner :- Personnel No. 160560853 Abhishek And 6 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home, Govt. U.P. Lucknow And 6 Others Counsel for Petitioner :- Anil Kumar Yadav,Sanjay Yadav Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.

¶1Heard learned counsel for petitioners and learned State Counsel appearing on behalf of opposite parties.

¶2It has been submitted that vide order dated 18th May, 2023, petitioners who are working on the post of Constable (Driver) was transferred from P. A. C. Etawan, Moradabad and Ghaziabad to U. P. 112 Hathras, Mainpuri, Fatehgarh, Etah Muzaffarnagar and Firozabad. It is submitted that aforesaid transfer order is still in existence but the petitioners are not being relieved in order to effect their joining at the places of transfer.

¶3Learned State Counsel on the basis of instructions submits that the transfer order dated 18th May, 2023 is still in existence and has not been rescinded or withdrawn till date.

¶4It has further been submitted that petitioners relieving has not been afforded in view of the fact that there are considerable vacancies in P.A.C. Etawan, Moradabad and Ghaziabad . However instructions do not indicate that the transfer order dated 18.05.2023 has been rescinded till date.

¶5In view of aforesaid facts, the opposite party No.5, 6 and 7 i.e. Commandant, 24V, 28V and 41V Vahini Pradeshik Armed Constabulary (P.A.C), Etawan, Moradabad and Ghaziabad are directed to ensure relieving of petitioners' in order to enable petitioners' joining in pursuance of transfer order dated 18th May, 2023. Such relieving shall be effected within a period of seven days from the date a certified copy of this order is produced before the concerned authority.

¶6With the aforesaid directions, the writ petition stands disposed of. Order Date :- 14.12.2023 Satish High Court of Judicature at Allahabad, Lucknow Bench