Constable/Driver Pawan Kumar Tripathi vs State of U.P.

Ritu Raj Awasthi, J.—The application for amendment filed today is taken on record.

The learned Standing Counsel has no objection on the proposed amendment.

Application is allowed.

Learned Counsel for the Petitioners is permitted to make necessary amendment in the body of the writ petition during the course of the day. Notice on behalf of opposite parties has been accepted by the learned Chief Standing Counsel.

This writ petition has been filed challenging the transfer order dated 25.4.2011 by which the Petitioners have been transferred on the post of Constables (Driver) from District Gorakhpur to Districts Faizabad and Basti, respectively on the ground of being posted in the adjoining district to the home district.

Learned Counsel for the Petitioners submits that the children of the Petitioners are studying at Gorakhpur and they have deposited a substantial amount of fee for the academic session 2011-2012 and in case they are compelled to proceed on transfer the study of their children would be adversely affected.

The validity of transfers of the police personnel on the ground that they are being posted in the adjoining district to the home district on the basis of the Government Order dated 11.7.1986, has been considered by this Court in Writ Petition No. 2289 (SS) of 2011; Pankaj Kumar Singh and Ors. v. State of U.P. and Ors. and the same has been dismissed. It is accepted by the learned Counsel for the parties that the controversy involved in this writ petition is squarely covered by the judgment and order dated 26.4.2001, passed in Writ Petition No. 2289 (SS) of 2011, as such there is no need to adjudicate the matter again on merits.

The writ petition is dismissed in terms of the judgment and order dated 26.4.2001, passed in Writ Petition No. 2289 (SS) of 2011.

However, it will be open for the Petitioners to make representation against the transfer order before the competent authority, who shall consider and decide the same in accordance with law.

Office is directed to issue certified copy of the judgment and order dated 26.4.2001, passed in Writ Petition No. 2289 (SS) of 2011; Parkaj Kumar Singh and Ors. v. State of U.P. and Ors. while issuing certified copy of this order.