Pramod Kumar Dhama and 5 Others v. State of U.P. Thru. Adll Chief Secy. Deptt. Home Govt. Civil Sectt. Lko. and 6 Others

Court No. - 20 Case :- WRIT - A No. - 9998 of 2023 Petitioner :- Pramod Kumar Dhama And 5 Others Respondent :- State Of U.P. Thru. Adll Chief Secy. Deptt. Home Govt. Civil Sectt. Lko. And 6 Others Counsel for Petitioner :- Anil Kumar Yadav,Sanjay Yadav Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.

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

¶2It has been submitted that vide order dated 18th May, 2023, petitioners who are working on the post of Constable (Driver) was transferred from 23 V Vahini P.A.C. Moradabad to U.P. 112 Commissionarate Ghaziabad, U.P. 112 Meerut, 47 V Vahini to P.A.C. Ghaziabad and 24 V Vahini P.A.C. Moradabad to U.P. 112 Mathura. 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.

¶3Learned State Counsel on the basis of written instructions dated 8th November, 2023, which are taken on record submits that the transfer order dated 18th May, 2023 is still in existence and has not been rescinded or withdrawn till date.

¶4It has further been submitted that petitioners relieving has not been afforded in view of the fact that there are considerable vacancies in S.D.R.F., Lucknow. However instructions do not indicate that the transfer order dated 18.05.2023 has been rescinded till date.

¶5In view of aforesaid facts, the opposite party No.5 i.e. Commandant, 23 V Vahini P.A.C. Moradabad, 47 V Vahini P.A.C. Ghaziabad and opposite party no. 7 i.e. 24 V Vahini P.A.C. Moradabad are directed to ensure relieving of petitioners' in order to enable petitioners' joining in pursuance of transfer order dated 18th May, 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.

¶6With the aforesaid directions, the writ petition stands disposed of. Order Date :- 22.12.2023 Satish High Court of Judicature at Allahabad, Lucknow Bench