SHIV KUMAR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) IN these writ petitions the Petitioners are police constables in the Civil Police. They are of more than two years and under 10 years of service. They are being transferred to the Armed Police by orders of the respective Deputy Inspector Generals of Police. The Petitioners have challenged the orders of transfer on a number of grounds.

(2.) IT has first been contended that the Petitioners had originally been recruited to the Civil Police and some of them had also been confirmed to it and as such they could not now be transferred to the Armed Police. This contention has no force because normally all recruitments are made initially to the Civil Police and it is only at a subsequent stage that some of the recruits are transferred to the Armed Police. It has been said that in one year there was direct recruitment to the Armed Police as well, but that was an exception. Para 525 of the Police Regulations which provides for such transfer did exist at the time of recruitment of the Petitioners.

(3.) IT has next been contended that certain allowances are attached to the members of Civil Police. Those allowances are in the nature of compensatory allowances, such as the one for maintaining a cycle and so on. They are not vested rights which may avail the Petitioners even after their transfer to the other wing.