Court No. - 28 Case :- WRIT - A No. - 27670 of 2009 Petitioner :- Chandra Jeet Yadav & Others Respondent :- State Of U.P. & Others Counsel for Petitioner :- Vijay Gautam Counsel for Respondent :-
C.S.C.,A.S.G.I./2009/1200,G.P.Singh,P.S. Baghel,Triloki Singh
Hon'ble Ajay Bhanot,J.
Heard Sri Devesh Kumar Mishra, learned counsel for the petitioners and learned Standing Counsel for the State.
Sri Devesh Kumar Mishra, learned counsel for the petitioners submits that the petitioners are entitled to continue as Constables in the U.P. Police. He relies the case of Jagdish Narayan Doharey Vs. State of U.P. (Allahabad) reported at 2015(8) ADJ 78.
Learned Standing Counsel fairly submits that the case of the petitioners is covered by the judgement of this court rendered in the case of Jagdish Narayan Doharey (supra).
The matter relates to transfer of the petitioners from the U.P. Cadre to Uttarakhand Cadre. The petitioners were posted as Constables in U.P. Police and were allocated the Uttarakhand cadre upon its creation.
The petitioners have assailed the orders allocating them to the Uttarakhand cadre and relieving them from the State of U.P., in the instant writ petition. An interim order was granted by this court on 27.5.2009. The petitioners have not joined their services in Uttarakhand and continue to work as Constables in the State of U.P. on the foot of the interim order.
The matter relating to transfer of employees from State of U.P. to Uttarakhand upon allocation of the cadre was decided by this court in the case of Jagdish Narayan Doharey Vs. State of U.P. (Allahabad) reported at 2015(8) ADJ 78. The extracts of the judgement which are relevant are reproduced herein below :-
“4. The petitioners are serving on Class-III and IV posts in different departments of the State Government.
17. Shri U.K. Uniyal, Advocate General has made a categorical statement that the State of Uttrakhand has agreed to the extent that in lieu of 3000 posts, the concerned departments have already proceeded for their own recruitment and either they have completed the recruitment process or the process of recruitment is under progress.
18. Shri Vijay Bahadur Singh, Advocate General has also made a statement to the effect that the Government of UP has taken a decision that the employees, who are working in the State of UP for last so many years, will continue to work in the State of UP.
19. Shri Ashok Mehta, Additional Solicitor General of India states that as per provisions of the Act, the Central Government has already given time schedule and it is upto the both States to act upon as per the time schedule.
20. Alongwith the modified guidelines dated 27.3.2015, the aforesaid time schedule has been provided but the same has not been implemented. Accordingly, this Court modifies the said time scheduled, as under:-
21. Once both the State Governments have agreed that those Class-III and IV employees, who were allocated to Uttrakhand against their options and have not complied with the allocation orders, are still continuing on the basis of interim orders of this Court, their allocation to Uttrakhand should be cancelled and they be allocated to the State where they are presently working, and once concurrence has taken place between the parties, then at this stage it would not be appropriate to displace the persons from one State and send to another State. It is also apparent from the record that in most of the cases the interim orders are operating and the petitioners are working in the departments with utmost their satisfaction. Therefore, this Court is of the view that at this stage, they may not be shifted to the State of Uttrakhand.
22. In view of the above, all the writ petitions are allowed and the impugned orders are quashed. The respondents are directed to proceed as per the time schedule indicated as above.”
The petitioners are entitled to continue as Constables in the State of U.P. in view of the law laid down by this court in the case of Jagdish Narayan Doharey (Supra). The orders dated 21.1.2009 passed by respondent no.12 and 5.5.2009 passed by respondents no.8 are quashed.
The writ petition is allowed.
Order Date :- 23.8.2018 Pramod