Constable Driver No 160481419 Sumit Kumar and 6 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Civil Sectt. Lko and 5 Others

Court No. - 20 Case :- WRIT - A No. - 9764 of 2023 Petitioner :- Constable Driver No 160481419 Sumit Kumar And 6 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Civil Sectt. Lko And 5 Others Counsel for Petitioner :- Anil Kumar Yadav,Sanjay Yadav 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. It has been submitted that vide order dated 18.5.2023, petitioners who are working on the post of Constable (Driver) was transferred from 9 V Vahini Pradeshik Armed Constabulary (P.A.C.), District Moradabad to U.P. 112 Rampur, Gorakhpur, Hapur and and 23 V Vahini Pradeshik Armed Constabulary (P.A.C.), District Moradabad to U.P. 112 Amroha, Kasganj Moradabad & Eta. 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. Learned State Counsel on the basis of instructions submits that the transfer order dated 18.5.2023 is still in existence and has not been rescinded or withdrawn till date. It 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. Moradabad. However instructions do not indicate that the transfer order dated 18.05.2023 has been rescinded till date. In view of aforesaid facts, the opposite party No.5 and 6 i.e. Commandant 9 V Vahini Pradeshik Armed Constabulary (P.A.C.), District Moradabad and Commandant, 23 V Vahini Pradeshik Armed Constabulary (P.A.C.), District Moradabad are directed to ensure relieving of petitioners' in order to enable petitioners' joining in pursuance of transfer order dated

18.5.2023. 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. With the aforesaid directions, the writ petition stands disposed of. Order Date :- 19.12.2023 prabhat High Court of Judicature at Allahabad, Lucknow Bench