Constable Driver (Cdr) Personnel No. ... vs State Of U.P. Thru. Addl. Chief Secy. ...
2024 Latest Caselaw 2998 ALL

Allahabad High Court

Constable Driver (Cdr) Personnel No. ... vs State Of U.P. Thru. Addl. Chief Secy. ... on 2 February, 2024

Author: Manish Kumar

Bench: Manish Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:9845
 
Court No. - 18
 

 
Case :- WRIT - A No. - 787 of 2024
 

 
Petitioner :- Constable Driver (Cdr) Personnel No. 160550487, Monu Kumar And Another
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Govt. Civil Sectt. Lko And 4 Others
 
Counsel for Petitioner :- Anil Kumar Yadav,Sanjay Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Kumar,J.
 

1. Heard learned counsel for petitioners and learned State Counsel appearing on behalf of opposite parties.

2. It has been submitted that vide order dated 11.10.2023 petitioners who are working on the post of Constable (Driver) was transferred from U.P. 112 Commissionerate, District Lucknow to U.P. 112, District Aligarh and U.P. 112 District Sambhal. It is submitted that aforesaid transfer order is still in existence but the petitioners are not being relieved in order to effect their joining at the places of transfer.

3. Learned counsel for the petitioners has placed reliance upon the judgment and orders dated 16.08.2023, 09.11.2023 and 22.12.2023 passed by this court in Writ A Nos. 5292 of 2023, 8920 of 2023 and 9998 of 2023 respectively. He submits that the present case is squarely covered with the said judgments.

4. Learned State Counsel on the basis of written instructions submits that the transfer order dated 11.10.2023 and 14.09.2023 are still in existence and have not been rescinded or withdrawn till date. He does not dispute the fact that the present case is squarely covered with the judgments upon which learned counsel for the petitioner has placed reliance.

5. It has further been submitted that petitioners relieving has not been afforded in view of the fact that there are considerable vacancies in U.P. 112 Commissionerate, District Lucknow. However instructions do not indicate that the transfer order dated 18.05.2023 has been rescinded till date.

6. In view of aforesaid facts, the opposite party No.5 i.e. Commissioner of Police, Lucknow is directed to ensure relieving of petitioners' in order to enable petitioners' joining in pursuance of transfer orders dated 11.10.2023 and 14.09.2023. Such relieving shall be effected within a period of seven days from the date a certified copy of this order is produced before the concerned authority.

7. With the aforesaid directions, the writ petition stands disposed of.

Order Date :- 2.2.2024

Ashish