TRABUDDIN Vs. CHIEF SECY U P SHASAN SECRETARIATE

JUDGEMENT

(1.) The petitioners have invoked extra ordinary jurisdiction under Article 226 of the Constitution of India seeking a mandamus commanding the respondents to either treat the petitioners as full fledged Police personnel governed by provisions of Police Act 1861 (hereinafter referred to as "Act, 1861") and rules and regulations framed thereunder or a non Police personnel / civilian one and, therefore, governed by rules and regulations applicable to other holders of civil post and not partly on both the sides.

(2.) The facts giving rise to the present situation, so as to compel petitioners to seek mandamus, as noted above, in brief, are as under:

(3.) All the petitioners are Urdu Translators-cum-Junior Clerk. The Governor, in exercise of power under proviso to Article 309 of Constitution promulgated U.P. Urdu Anuwadak Sah Kanishta Lipik Sewa Niyamawali, 1994 (hereinafter referred to as "Rules, 1994") vide notification dated 9.9.1994. Pursuant thereto, Secretary (Karmik), U.P. Government created 5061 posts of Urdu Translators-cum-Junior Clerk in various offices vide Government Order dated 20.8.1995 and bifurcation of the post in the concerned office mentioned in the said Government Order is as under: <FRM>JUDGEMENT_315_LAWS(ALL)9_2014_1.html</FRM>