RAM ADHAR MAURYA Vs. STATE OF U P

JUDGEMENT

(1.) In this batch of writ petitions, the petitioners have challenged their respective transfer orders passed in pursuance of the Government Order dated 07th June, 2014, being the transfer policy of the State Government. Therefore, all the writ petitions have been heard together and are being disposed of by this common judgment and order.

(2.) The petitioners in this batch of writ petitions are either Constables or Female Constables or Constable Drivers or Head Constables or Sub-Inspectors in the Police Department of the State. They have approached this Court under Article 226 of the Constitution to challenge the transfer policy of the State Government dated 07th June, 2014, known as "Border Transfer Scheme", and the consequential orders of their transfer, as are impugned in the respective writ petitions.

(3.) The background of the present policy is that the State Government way back on 11th July, 1986 took a policy decision that the Constables, Head Constables, Sub-Inspectors and Inspectors should not be posted in the districts near or adjoining to their home districts and where their immovable properties are situated. This policy had consistently been followed by the police department till 2012. In the year 2012, the State Government changed the said policy of 1986 with a scheme known as 'Border Transfer Scheme', whereunder the Constables and Head Constables were permitted to be posted in any of the districts adjoining to their home districts. Consequently, a Government Order dated 20th March, 2012 was issued to the said effect. The Uttar Pradesh Police Headquarters, Allahabad issued a consequential office-memorandum on 20th March, 2012 permitting the posting of the aforesaid police personnels in any of the adjoining districts to their home districts. Pursuant to the said change of policy, a large number of transfer of Head Constables and Constables were made posting them near their home districts.