Constable Driver (Cdr) Personnel ... vs State Of U.P. Thru. Addl. Chief Secy. ...
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Allahabad High Court

Constable Driver (Cdr) Personnel ... 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:9815
 
Court No. - 18
 

 
Case :- WRIT - A No. - 763 of 2024
 

 
Petitioner :- Constable Driver (Cdr) Personnel No.060550633, Sachin Kumar Alias Sachin Singh, And 3 Others
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home, 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 9 BN P.A.C, District Moradabad to Baghpat Kasganj, U.P. S.S.F Headquarters and Kasganj. 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basis of written instructions submits that the transfer order dated 11.10.2023 is still in existence and has not been rescinded or withdrawn till date.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considerable vacancies in P.A.C. However instructions do not indicate that the transfer order dated 11.10.2023 has been rescinded till date.

6. In view of aforesaid facts, the opposite party No. 5 i.e. Commandant 9 BN P.A.C, District Moradabad is directed to ensure relieving of petitioners' in order to enable petitioners' joining in pursuance of transfer order dated 11.10.2023. 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

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