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Neutral Citation No. - 2025:AHC:75972-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 413 of 2025 Appellant :- Pradeep Kumar Yadav Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Indra Sen Singh,Vinod Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Learned Standing Counsel has obtained instructions, copy of which is taken on record.
2. Appellant is substantively a member of U.P. Police Force. He was attached to Special Security Force, Lucknow, for a period of one year. His initial posting was at Ram Janmabhoomi Temple premises at Ayodhya. Thereafter, he has been asked to work at Shravasti Airport. An application has been moved by the petitioner for being repatriated to his parent cadre on the ground that his attachment was only for a period of one year. Since such claim of the appellant was not considered, he approached this Court by filing writ. Learned Single Judge has refused to entertain the writ petition on the ground that the appellant suppressed the fact that his attachment with U.P. Special Security Force was on his own request. Writ is accordingly dismissed.
3. Learned counsel for the appellant argues that there was in fact no suppression inasmuch as the posting order, contained in annexure No.1 to the writ petition, itself records that the attachment of the appellant was on his own request. It is urged that the appellant since has completed the period of one year for which alone he was attached as such his prayer for being repatriated to
U.P. Police Force was liable to be accorded consideration.
4. Learned State Counsel although opposes the appeal but states that if the appellant approaches the third respondent, his claim in respect of his repatriation to his parent cadre would be accorded
consideration in accordance with the applicable policy.
5. In that view of the matter, we deem it appropriate to entertain the present appeal and dispose of the writ petition by providing that petitioner's claim for repatriation to his parent cadre would be accorded consideration by the competent authority, within a period of two months from the date of presentation of a copy of this order in accordance with applicable rules/policy. To such extent, the
order of learned Single Judge dated 18.03.2025 stands modified.
6. The special appeal is accordingly disposed of.
Order Date :- 9.5.2025 Abhishek Gupta Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad