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2025 DAILYLAW 172911 (ALL)

RAJESH KUMAR (HEAD CONSTABLE , PNO-062541334) AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO. AND 3 OTHERS

WRIA/12552/2025 · 2025-10-30

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12552 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioners and learned State Counsel for opposite parties. 2. Petition has been filed challenging order dated 26.07.2025 whereby petitioners' currently posted as Head Constables have been transferred from U.P. 112 Baghpat to Prayagraj and Gorakhpur Range respectively. 3. It has been submitted that earlier petitioners' were sent on deputation to U.P. 112 from their Parent Department i.e. the Civil Police and had thereafter filed Writ A No.1391 of 2025 seeking a direction for repatriation to their Parent Department. The said petition was disposed of vide order dated 31.01.2025 directing authorities concerned to consider petitioners' grievance and it is in pursuance thereof that the impugned order has been passed. 4. It is submitted that although now petitioners have been repatriated to their Parent Department but it is not to the place where there were earlier Versus Counsel for Petitioner(s) : M.P. Raju Counsel for Respondent(s) : C.S.C. Rajesh Kumar (Head Constable , Pno-062541334) And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And 3 Others .....Respondent(s) posted prior to their deputation. 5. Learned State counsel has been provided instructions and on that basis submits that there is no vested right with the petitioner to continue to be posted at the place where there were prior to the deputation. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is evident that impugned order has been passed as a consequence of directions issued by this Court earlier on 31.01.2025. There does not appear to be any rule requiring the opposite parties to post petitioners at their earlier places of posting prior to their deputation. 7. However in view of difficulties with regard to said postings being indicated by learned counsel for petitioner, liberty is granted to petitioners to file fresh individual representations before authority concerned for consideration of their grievance. In case such representation shall be filed, the same shall be decided expeditiously by the authorities concerned. 8. With aforesaid observations and directions, the petition is finally disposed of. October 30, 2025 Subodh/- WRIA No. 12552 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench