RAKESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) In this group of petition the basic grievance of the petitioners is that they have been transferred from Civil Police to G.R.P. and have completed more than three years but are not being relieved nor are they being sent back to their original place of posting.

(2.) In Writ Petition No.62128 of 2012, the petitioner contended that he was appointed as a Constable in Civil Police. In 2009, the petitioner was transferred from Civil Police to G.R.P. for a period of three years. The transfer order indicated that upon completion of the period of three years, the petitioner would be sent back to the Civil Police without any further order. This transfer order was passed on the basis of the circular dated 30.5.2008, which stipulated that the persons who are being transferred from Civil Police to G.R.P. would be sent back to the Civil Police upon completion of three years of service in the G.R.P. The petitioner contended that he completed three years in August, 2011 but has not been relieved, and now, by the impugned order dated 17.11.2012, the petitioner has been transferred to another place in G.R.P. The petitioner, being aggrieved, by the transfer order has filed the present writ petition.

(3.) In Writ Petition No.47540 of 2012, the petitioners were transferred from Civil Police to G.R.P. and, upon completion of three years in G.R.P. have not been relieved. The petitioners filed the writ petition which were disposed of directing the petitioners to make an appropriate representation. Based on the directions of the Court the petitioners made a representation which was rejected by an order dated 1.8.2012, on the ground, that in view of the circular dated 2.3.2012 the petitioner would be transferred in the order of seniority, meaning thereby, that those persons who were transferred earlier to G.R.P. would first be relieved and, in that chronological order, the petitioner would be relieved as and when his turn would come. The petitioners, being aggrieved by the rejection of their representation, have filed the present writ petition.