HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10344 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J. 1. Heard learned Counsel for petitioner and Mr. Diwakar Singh, learned State Counsel for Opposite Parties. 2. Petition has been filed challenging order dated 21.08.2025 whereby petitioner has been directed for special duty till 31.12.2025 in District Chandauli for the flood rescue work. Further direction has been sought to opposite parties to strictly adhere to the U.P. Fire and Emergency Services Act, 2022 and the Rules of 2024 framed thereunder as well as Government Order dated 15.02.2024. 3. It has been submitted that petitioner is currently posted as a Fireman and in terms of Section 10 of the Act of 2022, it is only the State Government who is the appointing authority of other officers and staff including the post of Fireman. It is submitted that various powers have been conferred upon the Director General in terms of Section 6 of the Act of 2022 but the appointing authority remains the State Government. It is submitted that even otherwise the Additional Director General of Police who has passed the impugned order does not have any jurisdiction whatsoever to require transfer or posting of a Fireman. Learned Counsel has also adverted to the Rules of 2024, particularly Rule 29(4) thereof to indicate that the composition of the Fire Station alongwith staff pattern is to be decided by the Director General, U.P. Fire and Emergency Service in terms of Schedule I of the Rules and has thereafter indicated that the post of Fireman is Versus Counsel for Petitioner(s) : Birendra Kumar Yadav, Amit Kumar Counsel for Respondent(s) : C.S.C. Dara Singh (Pno-892291311) .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home And 3 Others .....Respondent(s) included in Schedule I of the Rules pertaining to structure of various Offices in field formation. 4. It is therefore submitted that even assuming powers conferred upon the Director General in terms of Section 7 of the Act, it is only the Director General who has power and jurisdiction to require transfer or posting of a Fireman and not the Additional Director General of Police. 5. Learned State Counsel has been provided written instructions dated 10.09.2025, a copy of which is taken on record and submits that the Director General of Police, Fire and Emergency Services is clearly authorized to take such effective steps and measures in cases of major fire, house collapse and other emergency services and has also referred to Section 6 of the Act to submit that the Office of Additional Director General of Police is at par with that of Additional Director General of Police. He therefore submits that the powers exercisable by the Director General of Police under Section 7 of the Act would also be exercisable by the Additional Director General of Police in terms of Section 6 of the Act. He has thereafter referred to Annexure No.3 to written submissions to submit that due to superannuation of earlier Director General of Police, next Senior most person who has passed the impugned order has been conferred the powers of Director General, Fire and Emergency Services and it is an exercise thereof that impugned order has been passed. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is thus evident that in terms of Section 6 of the Act of 2022, the State Government has been empowered to appoint an Officer of the Rank of Director General of Police/ Additional Director General of Police as Director General Fire and Emergency Service. It is admitted that till date no Service Regulations have been notified with regard to post of Fireman and therefore in terms of Section 10 thereof, the State Government is the appointing authority. However, the powers, duties and functions of the Director General, Fire and Emergency Services has been clearly delineated in Section 7 of the Act and indicate WRIA No. 10344 of 2025 2 power conferred upon the Director General for taking effective steps and measures in cases of emergencies. 7. It is also evident, from a perusal of Annexure No.3 to the written instructions that in view of superannuation of the earlier Director General, Fire and Emergency Service, the next incumbent who has passed the impugned order has been provided charge of the post of Director General, Fire and Emergency Service vide order dated 30.06.2025. 8. It is therefore evident that it is an exercise of such powers that the impugned order has been passed. It is also thus evident that impugned order has been passed exercising powers conferred in terms of Section 7 of the Act of 2022 and therefore, it cannot be said that there is any jurisdictional error. 9. In view of aforesaid discussion, the petition fails and is dismissed. Parties to bear their own costs. 10. At this stage, learned counsel for petitioner submits that petitioner is undergoing treatment for Blood Cancer in District Gautam Buddha Nagar and his case may be considered sympathetically for remaining posted in said place. 11. Considering such submission, liberty is granted to petitioner to file a fresh representation before the authority concerned who shall consider and decide the same sympathetically within a period of 10 days from the date of such representation is submitted alongwith the certified copy of this order. September 11, 2025 Subodh/- WRIA No. 10344 of 2025 3 (Manish Mathur,J.) Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench