1. Heard Shri M. P. Raju, learned counsel for the petitioners and Shri Pankaj Srivastava, learned Additional Chief Standing Counsel for the State opposite parties through video conferencing.
2. This writ petition has been filed for the following reliefs:
"(i) To issue a writ in the nature of Certiorari quashing the impugned order dated 21.05.2021 passed by opposite party No. 4 contained as annexure No. 1 to the writ petition alongwith the order dated 18.05.2021 indicating therein so far as it relates to the petitioners.
(ii) To issue a writ, order or direction in the nature of mandamus to allow the petitioners to work on the present place of posting in trade tax department.
(iii) To issue such other writ order or direction as this Hon'ble deems fit and proper in the circumstances of the case.
(iv) To allow the writ petition with costs in favour of the petitioners."
3. Learned counsel for the petitioners submits that the petitioners were initially appointed on the post of constable in civil police department. Some of the petitioners are constables and some are head constables in civil police and they were sent in Trade Tax Department on deputation for a period of 2-3 years by the order of Police Headquarters. The petitioners joined on deputation and on completion of the period of deputation, by order dated 21.05.2021 passed by the opposite party No.4-Additional Commissioner, Grade-2, (Vi-Anu-Sha), Trade Tax, Kanpur Zone, Kanpur, the petitioners have been relieved for their joining in their respective parent department in pursuance to the order dated 18.05.2021 passed by the Commissioner, Trade Tax, Uttar Pradesh, (Police Camp), Lucknow-opposite party No. 3.
4. Shri M. P. Raju, learned counsel for the petitioners further submits that considering the present Covid-19 pandemic reasons, the petitioners should not be compelled to move from one place to another, in their interest, the interest of their family, as also to restrict the spread of Covid-19. He submits that the Government itself suspended the transfer of the officers/ employees for the year 2020-21 in view of the pandemic. He submits that the post on which the petitioners were working on deputation are lying vacant and there is no urgent need to send the petitioners to their parent department. They can be permitted to continue on the present places during the Covid-19 pandemic. He further submits that the petitioners No. 1 and 7 are suffering from Covid-19 and are home quarantine.
5. Shri Pankaj Srivastava, learned Additional Chief Standing Counsel submits that the Government order as referred by the petitioners' counsel is on transfer and not on deputation, and the same also does not relate to the police personnel. He submits that the petitioners were on deputation in Trade Tax Department and the period of deputation having come to an end the petitioners are being sent to their parent department.
6. It is not in dispute that the petitioners were working in the trade tax department on deputation and on completion of the period of deputation, are being sent to their parent department. I do not find any illegality in the order under challenge. There is no scope of interference by this Court.
7. The grievance of the petitioners on the ground of Covid-19 pandemic reasons, may be better addressed by the competent authority, which according to the learned Additional Chief Standing Counsel is opposite party No. 2-Deputy Inspector General of Police(Karmik/ Establishment), D.G.P. Headquarter, Lucknow.
8. In view of the aforesaid, without interfering in the orders under challenge, this petition is being disposed of leaving it open to the petitioners to raise their grievances before the competent authority within a period of two weeks from today by making a representation. If such representation is made, the competent authority, Deputy Inspector General of Police(Karmik/ Establishment), D.G.P. Headquarter, Lucknow-opposite party No.2, shall consider and decide the same in accordance with law expeditiously and preferably within a further period of two weeks.
9. With the aforesaid observations and directions this writ petition is disposed of finally.
Order Date :- 28.5.2021 Mustaqeem