Court No. - 33
Case :- WRIT - A No. - 11612 of 2021 Petitioner :- Pno No. 60452388 Rajeev Kumar Singh And 5 Others Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Sanjeev Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioners are aggrieved by their order of transfer from one unit of PAC to another vide order dated 30.06.2021.
The order of transfer is assailed relying upon a circular issued by the Police Headquarter, dated 26.12.2019, in which term of continuance for a Constable (Driver) is ordinarily fixed as ten years. Petitioners submit that they have not completed ten years as Constable (Driver) and, therefore, they cannot be transferred.
Taking note of such contention instructions have been invited from the respondents. Sri Sharad Upadhyay, learned State Counsel has produced instructions obtained from the Commandant 4th Battalion, PAC, Allahabad, as per which all the petitioners have completed more than ten years in a district.
Learned counsel for the petitioner, however, submits that petitioners' working for substantial period in the same district was merely as Constable and not Constable (Driver).
The mere fact that petitioners' continuance in district is as Constable (Driver) or Constable would make no difference for counting the length of service in a district inasmuch as the transfer policy provides for continuance of Constable in a particular district for ten years. Admittedly, petitioners have worked for more than ten years. Their working as Constable cannot be ignored for the purposes of counting the length of stay in a district. It is not found that the policy contained in the circular dated 26.12.2019 has been violated. The circular, otherwise, provides that the length of service in a district would be counted after adding all services rendered in different capacity. The interim protection granted in Service Single No.14850 of 2021 by the Lucknow Bench of this Court appears to be on facts of its own. Even otherwise, being interim order it does not lay down a binding precedent to be followed in this case.
Writ petition is, accordingly, dismissed.
Order Date :- 25.10.2021/Ashok Kr.