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2025 DAILYLAW 119368 (ALL)

ANANT SINGH SUB-INSPECTOR (ACCOUNTS) P.N.O.-892511400 v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. HOME AND 3 OTHERS

/1003/2025 · 2025-01-27

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5135 Court No. - 6 Case :- WRIT - A No. - 1003 of 2025 Petitioner :- Anant Singh Sub-Inspector (Accounts) P.N.O.- 892511400 Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Home And 3 Others Counsel for Petitioner :- Amitabh Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard learned counsel for petitioner as well as learned Standing Counsel for respondents. 2. The petitioner has challenged the order dated 23.05.2024 by which the representation of the petitioner has been rejected. 3. It has been contended by learned counsel for petitioner that on 18.12.2023 the petitioner was transferred from District Lakhimpur Kheri to Armed Police Training College, Sitapur. The aforesaid transfer order was challenged by him by filing a Writ A No. 10106 of 2023 which was dismissed by this Court by means of order dated 08.01.2024 and a special appeal was preferred by him being Special Appeal No. 20 of 2024 which was disposed of with a direction to the respondents consider the representations of the petitioner in light of the Circular dated 12.08.2015. 4. It is in compliance of the direction of Division Bench of this Court dated 25.01.2024 that the impugned order has been passed rejecting the representation. In the representation, the petitioner has contended that he has served for more than 12 years in Police Training Centre (Non-District Posting) and also considering the fact that he has 3 and half year left for his superannuation, he should be given choice posting preferably in Lucknow. 5. The Additional Director General, Establishment Police while rejecting the said representation has stated that as per Circular dated 12.08.2015, 12 years period prescribed therein is the minimum period prescribed and not the maximum. Accordingly, it was held that even though the petitioner has completed 12 years in a non-district posting there is no bar for continuing in a non-district posting beyond the period of 12 years. 6. The second reason for rejection of the representation is that one post of Sub-Inspector Accounts has arisen due to superannuation of one Raissuddin on 13.12.2022 and there was necessity of qualified person to be posted on the said post on which the petitioner has been posted, its for these reasons, the representation of the petitioner has been rejected. 7. Apart from the above, it has been stated that when the petitioner comes within the zone of consideration for being given his choice posting near his home district as per the transfer policy, his case will be duly considered. 8. Learned counsel for petitioner has submitted that petitioner has a right to be posted in a non-district level post and the petitioner has completed 12 years in a non-district post and therefore should be posted in a district preferably Lucknow region. 9. Learned Standing Counsel on the other hand has opposed the writ petition. He has submitted that the grievance of the petitioner has been adequately addressed and adequate reasons has been given by the Additional Director, Establishment while rejecting the representation. 10. After hearing learned counsel for rival parties and this Court is of the considered view that no right is vested to the petitioner to be posted in a particular place. The Circular relied upon him only prescribed for a minimum period through which a person can be posted in a non-district level posting and no other rule or law could be demonstrated by the petitioner from which it can be concluded that his posting in a non-district posting is illegal or arbitrary. This Court also takes note of the fact that the respondents themselves have said that his case would be duly considered for posting near his home district when he falls within the zone of consideration as provided for in the annual transfer policy issued from time to time. 11. Subject to the aforesaid observations, this Court does not find any merit in the writ petition which is accordingly dismissed. (Alok Mathur, J.) Order Date :- 27.1.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench