Hon'ble Saurabh Lavania,J.
Heard.
The appellant herein has challenged a judgment of the learned Writ Court dated 8.12.2020 passed in Writ Petition No. 19191 (SS) of 2018, Shailendra Kumar v. State of U.P. & ors. The appellant herein was chosen for undergoing Pedagogy course and was sent for undergoing the same on 11.5.2015. The course was of three months. After completion of course the appellant was posted at 20th Battalion P.A.C. Azamgarh vide order dated 12.3.2016 wherein based on the training acquired by him in the Pedagogy course he imparted training to the new recruits successfully. After having completed the training and discharged his duties at 20th Battalion P.A.C. Azamgarh it is only on 27.9.2016 that he raised an objection that he was not qualified for being sent on training as such the said order should be quashed and his posting to 20th Battalion P.A.C. Azamgarh vide order dated 12.3.2016 be also quashed. Thereafter it is said that the petitioner has been transferred and posted at Training Center Balrampur where he is imparting training to the new recruits in the Police Force of the State of U.P. In the interregnum the petitioner challenged the order dated 11/12 March 2016 transferring him to 20th Battalion P.A.C. Azamgarh, in Writ Petition No. 5337 (SS) of 2018. The said writ petition was highly belated as it was filed sometimes in February 2018. Be that as it may the writ petition was disposed off on 21.2.2018 in the following terms :
"Heard learned counsel for petitioner and learned standing counsel for State.
Present writ petition is filed by the petitioner challenging his transfer order dated 11.03.2016 passed by opposite party no.4. Learned counsel for petitioner submits that petitioner is suffering from serious personal difficulties due to said transfer and he has already moved representation to the opposite parties for the said purpose.
Learned counsel for petitioner submits that grievance of petitioner would be sufficiently met, in case representation of petitioner is considered and decided in a time bound manner.
Looking into facts and circumstances of the case, it is provided that in case petitioner joins his transferred place in compliance of transfer order dated 11.03.2016 within a period of three weeks from today and makes representation within a period of two weeks thereafter before opposite party no.5 Inspector General of Police, (Establishment), U.P., Lucknow, then, opposite party no.5 shall consider and decide the same in accordance with law by a reasoned and speaking order within a period of two months from the date a certified copy of this order along with representation is placed before him.
It is made clear that this court has not applied itself on the merits of the case and all questions of fact and law are left open to be considered and decided by the competent authority in accordance with law.
With the aforesaid directions, the writ petition is disposed of."
Now in pursuance to the aforesaid judgment the Additional Director General, Police Establishment, U.P. Lucknow passed an order on 30.6.2018 rejecting the objections/representations of the petitioner with regard to he being sent for Pedagogy course and being asked to discharge duties of Trainer consequent thereto. It is this order dated 30.6.2018 which was put to challenge by the petitioner before the writ court in Writ Petition No. 19191 (SS) of 2018 which has been decided on 8.12.2020 by a judgment which is impugned herein.
The contention of the counsel for the appellant is that the appellant was not qualified to undergo the Pedagogy course, therefore the entire exercise is without jurisdiction.
We have perused the impugned judgment and find that the Writ Court has dismissed the writ petition on the ground that the objection as to his eligibility for being sent for Pedagogy course was raised for the first time much after the appellant/petitioner had already undergone the Pedagogy course and thereafter was assigned training duties, therefore, it was too late in the day to interfere in the matter as now the appellant/petitioner was duly trained for imparting training to the new recruits.
Considering the facts and circumstances of the case as noticed hereinabove as also reasons given in the impugned judgment passed by the Writ Court we are in conformity with the same and do not find any error for interference in an intra court appeal. The appellant already having undergone the Pedagogy course without any demur and having been posted at Azamgarh in the 20th Battalion P.A.C. and as ever since then he is imparting training to the new recruits, moreover as the first writ petition filed by him was itself highly belated and it is only because of the direction for disposal of his representation that the subsequent round of litigation was generated, we are not inclined to interfere in the matter at all, especially as the appellant-petitioner is not prejudiced in any manner with regard to his salary or the conditions of service and there is nothing on record to show to the contrary. Accordingly the appeal is dismissed.
.
(Saurabh Lavania, J.) (Rajan Roy, J.) Order Date :- 8.1.2021 A.Nigam