RAM BILAS YADAV Vs. STATE OF U P.

JUDGEMENT

(1.) These writ petitions raise a common grievance with regard to the claim of transfer and repatriation of the petitioners in all the writ petitions from the Armed Police to Civil Police governed by the provisions of U.P. Police Regulations. The petitioners are all constables and they claim that they deserve to be repatriated and transferred to Civil Police, in view of the Regulations 525 of the Police Regulations. The said Regulations are quoted hereinbelow for a ready reference:

(2.) The powers of transfer and its exercise thereof in respect of the Police personals have been provided for in detail in Chapter 34 of the U.P. Police Regulations. The grievance of the petitioners is that the said Regulations are not being complied with, and that there is no consistent policy adopted by the respondents who have proceeded to pass orders, which are in violation of the said provisions and have failed to exercise their jurisdiction in accordance with the same for transferring the petitioners, which further amounts to an act of discrimination reflecting violation of Art. 14 of the Constitution of India.

(3.) Learned Standing Counsel was called upon to assist the Court on the issue as to why the policy of repatriation and transfer back to Civil police from Armed Police has not been followed with a certain degree of consistency. It was also pointed out to the learned Standing Counsel that, where such constables, who had approached this Court and where a mandamus was issued to consider such a request, the authorities have proceeded to pass orders whereas those, who had not approached this Court were not favoured with any such orders.