Neutral Citation No. - 2025:AHC:28574 Court No. - 6 Case :- WRIT - A No. - 127 of 2025 Petitioner :- Veer Pal Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Abhishek Kumar Srivastava,Shriyansh Gomala Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J. 1. Supplementary affidavit filed on behalf of petitioner, is taken on record. 2. Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel. 3. Present petition has been filed seeking for the following reliefs:- "(i) issue a writ, order or direction in the nature of mandamus commanding and directing the respondent nos. 2 to 4 to repatriate the petitioner on the post of Head Constable from the post of Head Constable Driver fulfilling condition as per Uttar Pradesh Police Transport Branch Subordinate Officer Service Rule, 2015. (ii) issue a writ, order or direction in the nature of mandamus commanding and directing the respondent nos. 2 to 4 to consider the adjustment of petitioner for any other post of the said equivalent cadre to Head Constable Driver. (iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent nos. 2 to 4 to consider and decide the latest representation of petitioner dated 07.11.2024 with reasoned and speaking orders." 4. Brief facts of the case are that earlier on 01.08.1989 the petitioner was appointed on the post of Constable in U.P. Civil Police and later on in the year 1995, he joined as a Constable Driver and completed his more than 29 years of his satisfactory services. After completion of his 29 years of service, he was promoted on the post of Head Constable driver in the year 2018 and since then he is working on the said post. In the year 2019, he had suffered from Sciatica pain and ultimately requested to respondent no. 2 to repatriate him in the original cadre from the post of Head Constable Driver. As no decision has been taken by the respondent, petitioner has filed Writ-A No. 17599 of 2023 before this Court, which was disposed of vide order dated 23.11.2023 with a direction to the competent authority to look into the matter and consider the request of the petitioner for his repatriation as Head constable from the post of driver. In compliance of order dated 23.11.2023 of this Court, the application/representation of the petitioner filed alongwith the order dated 23.11.2023 has been considered and disposed of by respondent no.3 vide order dated 18th March, 2023 with the observation that he is not fulfilling the condition so mentioned in Rule 18 of Uttar Pradesh Police Transport Unit Subordinate Officer Service Rule, 2015. 5. Learned counsel for the petitioner submitted that now he has obtained Medical Certificate from C.M.O. Amroha and relevant document from A.R.T.O. (Administration), Moradabad. He has also obtained approval from Inspector General of Police (Establishment), Uttar Pradesh, Lucknow vide order dated 30th December, 2024. It is lastly submitted that now a direction may be issued to respondent no.2 to consider the case of the petitioner afresh and he may be repatriated to his original cadre post from the post of Head Constable Driver. 6. Learned Additional Chief Standing Counsel submitted that in case petitioner is fulfilling the condition so mentioned in Rule 18 of Uttar Pradesh Police Transport Unit Subordinate Officer Service Rule, 2015, his case shall be considered and decided at the earliest. 7. I have perused the submissions advanced by learned counsel for the parties and perused the record as well as Rule 18 of Uttar Pradesh Police Transport Unit Subordinate Officer Service Rule, 2015. 8. Rule 18 of Uttar Pradesh Police Transport Unit Subordinate Officer Service Rule, 2015 is being quoted hereinbelow: "A person posted as Constable Driver, found unfit for duty of Motor Transport on the ground of health, physical disability and cancellation of his driving license, the appointing authority may after approval by the Inspector General of Police (Establishment) repatriate him to his parent cadre. The person so reverted shall be adjusted according to his seniority in the parent cadre. This repatriation shall not affect the departmental or criminal proceeding initiated against him." 9. From the perusal it is appears that petitioner is fulfilling the requirement of Rule 18 of Uttar Pradesh Police Transport Unit Subordinate Officer Service Rule, 2015. 10. Therefore, petition is disposed of with direction to respondent no.3/Additional Director General of Police (Logistics), U.P., Lucknow to take fresh decision in accordance with law, maximum within a period of six weeks from the date of production of certified copy of this order. 11. Liberty is given to the petitioner to annex the photocopy of letter dated 30th December, 2024 of Inspector General of Police (Establishment), Uttar Pradesh, Lucknow and other documents i.e. letter of C.M.O. Amroha dated 12.09.2024 and letter of A.R.T.O. (Administration), Moradabad dated 04.10.2024 alongwith certified copy of this order. Order Date :- 28.2.2025 AKT Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad