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2025 DAILYLAW 170391 (ALL)

RAHUL KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME AND 3 OTHERS

/12798/2024 · 2025-01-07

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:860 Court No. - 6 Case :- WRIT - A No. - 12798 of 2024 Petitioner :- Rahul Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home And 3 Others Counsel for Petitioner :- M.P. Raju Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri M.P. Raju, learned counsel for the petitioner and the Additional Chief Standing counsel for the respondents. 2. By means of the present writ petition the petitioner has challenged the order dated 20.9.2024 whereby Additional Director General Police, Provincial Armed Constabulary (PAC), Lucknow has rejected the representation of the petitioner for being posted to District Armed Police, Lakhimpur Kheri from 41st Battalion, PAC, Ghaziabad where the petitioner is presently posted. 3. It has been submitted on behalf of the petitioner that he was initially appointed on the post of Constable in PAC in 2021 and is presently posted at 41st Battalion PAC, District Ghaziabad. It is further submitted that wife of the petitioner is also posted as Lady Constable, Civil Police in District Lakhimpur Kheri and it is in these circumstances that he moved a representation to the effect that as per transfer policy dated 11.6.2024 of the State Government where according to the petitioner in para 5 (3) a provision has been made that if the husband and wife both are in government job, they may be posted at same place. 4. The petitioner has detailed some personal problems being faced by him due to the fact that his wife and the petitioner are posted separately and accordingly had filed a writ petition before this Court being Writ A No.5844 of 2024 (Rahul Kumar Vs. State of U.P. and others) which has been disposed of by this Court vide order dated 30.7.2024 giving liberty to the petitioner to move a fresh representation to Additional Director General of Police (Establishment), Police Headquarter, Lucknow who would consider and decide the grievance of the petitioner. It is the representation of the petitioner which in pursuance of the direction of this court has been decided and rejected by means of order dated 20.9.2024. While deciding the said representation the respondents have taken into account the grievance raised by the petitioner and have also considered the fact that the petitioner's appointment is of the year 2021 and no other person posted in similar circumstances in PAC has been posted in District Armed Police. 5. In this regard detailed instructions were also received from the Headquarters and after due consideration it was found that no other person has been given posting in District Armed Police and also that the petitioner could not be posted in District Armed Police, Lakhimpur Kheri and accordingly the representation has been rejected. 6. At the outset, a query was made to the petitioner as to whether he has any right to be posted in District Armed Police to which he has fairly replied that he does not have any vested right and he can be posted anywhere in the State in accordance with rules. With regard to transfer and posting of armed personnel/police, it is the discretion of the appointing authority/competent authority to take work and post such persons wherever they are found to be suitable under the discretion of the such authorities. 7. Whenever any personal difficulty is raised the courts are reluctant to interfere considering the fact that the State authorities themselves are competent to look into the grievance of such police personnel and take decision in this regard. It is expected that such authorities would adequately look into the grievance of such armed / police personnel and as far as possible their grievance should be looked into and redressed in case they can be posted at a place where request has been made the request should be acceded to. In a situation like the present case, where husband and wife both are working in police department, efforts should be made that they are posted in the same District or in nearby Districts so that they can look after their family simultaneously with discharge of the official duties but the same is subject to the service conditions and in the interest of the State which can be best looked into by the authorities themselves. 8. In the present case, we notice that the representation of the petitioner has been adequately considered at various levels and even the matter was referred to the Headquarters and it has been found that no other person has been given posting in District Armed Constabulary. Accordingly, we do not find any infirmity in the decision making process and there is no right vested in the petitioner to be posted at any particular place namely in District Armed Police, Lakhimpur Kheri and consequently no direction as sought by the petitioner can be passed in the present case. 9. In light of the above, we do not find any merits in the arguments made by learned counsel for the petitioner and accordingly, the petition is dismissed. 10. However, liberty is granted to the petitioner to make suitable representation after completing adequate services in PAC where his representation may be considered in accordance with the rules. (Alok Mathur, J.) Order Date :- 7.1.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench