DHIR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. S.K. Kalia, learned Senior Advocate assisted by Mr. Ankit Pandey, learned counsel for petitioners as well as Mr. Abhinav N. Trivedi, learned Additional Chief Standing Counsel for the State and perused the records. The writ petition has been filed challenging the order dated 31.7.2012 and the order dated 21.6.2012 as well as the consequential relieving order dated 17.7.2012 so far as it relates to petitioners whereby petitioners have been sent back and relieved thereafter to Provincial Arms Constabulary (for short 'PAC') from Security Branch, Intelligence Department, U.P., Lucknow and representation of petitioners has been rejected.

(2.) Learned counsel for petitioners submitted that vide Government Order dated 26.10.2002 issued by the Special Secretary, Department of Home, Government of U.P., Lucknow a special security force under intelligence department having sanctioned strength of 2277 personnel in different categories was created out of which 1629 posts belong to Constable. In 2004, petitioners were initially transferred on temporary basis in the security branch. The said transfer was done on the basis of interviews and after selection they were sent for VIP duty courses like commando course, PSO course, bomb disposal course, security checking course, anti sabotage etc. and were also awarded certificate to that effect by opposite parties.

(3.) It is submitted that at the time of transfer of petitioners in the year 2004, in the transfer orders, it was specifically mentioned that their lien will remain with PAC where they were appointed and their salary plus allowances would be paid by Intelligence Headquarter.