Heard learned counsel for the petitioner and the learned Standing Counsel for the opposite parties, who prays for and is allowed four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List after expiry of the aforesaid period.
Learned counsel for the petitioner submitted that the petitioner is posted as a Constable in 32nd Battalion P.A.C. at Lucknow and as his wife is suffering with mental illness and is being treated in the Medical College at Lucknow, therefore, he moved an application for his transfer from 32nd Battalion to 35th Battalion Lucknow, which was allowed vide order dated 3.6.2010 (Annexure 5 to the writ petition) of the D.I.G. P.A.C. on compassionate ground and he was transferred to 35th Battalion. It is also submitted that before he could be relieved for 35th Battalion, he has been transferred to 8th Battalion P.A.C. at Bareilly by the impugned order dated 17.6.2010 of the I.G. P.A.C. Centre Zone, Lucknow.
It is further submitted that as per circular dated 20.3.2008 (Annexure 6 to the writ petition) of the Additional D.G.P. P.A.C. Lucknow, the maximum tenure of a Constable in one Battalion is 20 years and in different Battalions in one district is 25 years and the petitioner has completed only 11 years in 32nd Battalion at Lucknow.
In view of above circumstances, the operation of the impugned transfer order dated 17.6.2010 and relieving order dated 18.6.201 (Annexures 1 and 2 to the writ petition) so far as it relates to the petitioner, shall remain stayed till the next date of listing, provided the new incumbent has not joined on the post of petitioner.
Order Date :- 25.6.2010 Rizvi