Court No. - 28
Case :- WRIT - A No. - 33360 of 2008 Petitioner :- Const. No. 495 Civil Police Awadhesh Bhardauriya Respondent :- State Of U.P. And Others Counsel for Petitioner :- Dinesh Pathak Counsel for Respondent :- C.S.C.,A.G.S.I.,A.P. Singh,Triloki Singh
Hon'ble Ajay Bhanot,J.
List has been revised.
None appears to press the writ petition on behalf of the petitioner. However, learned Standing Counsel for the respondent-State is present.
The petitioner has prayed the following reliefs:
"(i) to issue a writ, order or direction in the nature of mandamus commanding/directing the respondents of State of U.P. being respondent Nos.1, 2 and 3 to relieve the petitioner from service of U.P. Civil Police of State of U.P. in pursuance of the order dated 20.3.2008 of respondent No.6 (Annexure No.7 to the writ petition).
(ii) to direct the respondents of the State of Uttaranchal being respondents No.4 and 5 to accept/absorb the petitioner in service of Civil Police of State of Uttaranchal in pursuance of order dated 20.3.2008 of respondent No.6 (Annexure No.7 to the writ petition)."
The order dated 20.3.2008 has been passed by the respondent No.6-Government of India. In the short counter affidavit filed on behalf of the Government of India, it is asserted that the petitioner was allocated to Uttarakhand cadre by communication dated 20.8.2008. It is the responsibility of the State of Uttarakhand to implement the order of the Government of India by permitting the petitioner to join state police cadre. Since 10 years have elapsed, no subsequent development has been brought in the record. No interim order is subsisting. It appears that the cause of action does not survive.
The writ petition is dismissed.
Order Date :- 21.8.2018 Ashish Tripathi