JUDGMENT Honble A.P. Sahi, J.—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 : “525. Constable of less than two years service may be transferred by the Superintendent of Police from the armed to the civil police or vice versa : Police constables may be transferred to the mounted police at their own request. Any civil police constable of more than two and less than ten years service may be transferred to the armed police and vice versa by the Superintendent for a period not exceeding six months in any one year. All armed police constables of over two years service and civil police contables of over two and under ten years’ service may be transferred to the other branch of the force for any period with the permission of the Deputy Inspector General of Police. In all other cases the transfer of police officers from one branch of the force to another or from the police service of other provinces to the Uttar Pradesh Police requires the sanction of the Inspector General.” 2. The powers of transfer and its exercise thereof in respect of the Police personnels 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 Article 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. 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. 4. Learned Standing Counsel Sri K.R. Singh invited the attention of the Court to the written instructions received from the Dy. Director General of Police (Establishment) U.P. dated 19-4-2006. A perusal of those instructions reveal that such issues have arisen in the past and a reference has been made to the various Government orders and instructions issued in this regard and also the judgment of this Court in the case of Masood Asgar and others v. State of U.P. 5. Apart from the provisions contained in Regulations 520 to 525, learned Standing Counsel has invited the attention of the Court to the D.O. letter dated 25-4-1985, which is quoted herein below : “V. Panjani D.O. No. DG-IV-110 (164) 85 Inspr. Genl. of Police (Karmik) Hqrs of Director Genl of Police Uttar Pradesh Dated : Lucknow : April 25, 1985 My dear sir, Under the existing arrangements, all constables are assigned duties in the district for three years after the completion of the basic training. This practice has been causing difficulties in filling up the armed police vacancies. 2. It has been decided that in future, the armed police vacancies should be filled up from the latest batch of the constables that are received after basic training. This induction will be linked with the educational qualifications. All constables who are only high school passed will be absorbed in the armed police, while those who have passed Intermediate or a higher examination will be assigned to the civil police. Three years district posting as prescribed by the Gore Committee will be given to the constables who are assigned to the civil police at this stage. All constables who are only high school passed will be absorbed in the armed police, while those who have passed Intermediate or a higher examination will be assigned to the civil police. Three years district posting as prescribed by the Gore Committee will be given to the constables who are assigned to the civil police at this stage. In case the number of constables who are only High School passed exceeds the number of vacancies in the armed police and it becomes necessary to assign some of them to the civil police, the preference for this purpose should be given to the S.C./S.T. constables. 3. As an immediate arrangement the AP vacancies should be filled up from amongst the constables who are at present undergoing the prescribed three years course of duty in the district. The sole criterion for selection will also be the educational qualifications is referred to above. In their case also, the preference will be given to S.C./S.T. candidates for absorption in the civil police, if the number of available constables who have only passed high school exceeds the requirement of the AP. The cut off date for this purpose will be 30-6-1985. In other words, all those who are to complete the period of 3 years by 30-6-1985 will be liable for absorption in the armed police. All those who are absorbed in the armed police will thus be withdrawn from the duties that they are performing at present. 4. All references for transfer of such constables who have put in more than 2 years of service will be made to the range D.I.G. for their orders as provided for in the rules. 5. If the number of non S.C./S.T. constables who are only high school passed exceeds the number of available vacancies in the armed police, the basis for assignment to the civil police will be the results of the examination that were held at the end of the having training course. The constables, who secured higher marks will be given preference. The range D.I.G. may please ensure that the other exercise is completed by 30-5-1985. The range D.I.G. will send a confirmation to this effect to this office under intimation to the Zonal I.G. Yours sincerely (V. Panjani) 6. The constables, who secured higher marks will be given preference. The range D.I.G. may please ensure that the other exercise is completed by 30-5-1985. The range D.I.G. will send a confirmation to this effect to this office under intimation to the Zonal I.G. Yours sincerely (V. Panjani) 6. This was followed by another D.O. letter dated 29-8-1986, which is also quoted herein below : “D.O. No. 25(IGK) 86 Inspector General of Police Personnel U.P. Dated : Lucknow : August 29, 1986. My dear sir, Certain cases have come to the notice of the D.G.P. in which some men were transferred to the AP on grounds of their being undesirable. This approach has not been consistent as on similar grounds, and constable may be transferred from the CP to the AP, while another constable may be transferred to another district. 2. If the transfer to the AP is to be restored to as the usual expedient for the disposing of the undesirable CP men, in course of time, a large bulk of AP will comprise the worst elements of the police force. As you can see for yourselves, this approach can have very serious consequences. The A.P. men have much easier access to the fire arms and they always live and work in a large group. 3. The D.G.P. is therefore, of the firm view that no CP man should be transferred to the AP as the punitive measure. In all cases in which adequate evidence is not available for departmental proceedings, other expedients such as transfer to distant districts, withholding of integrity certificate, the opening of dossiers as prescribed in circular order No. CA-I-DG/43/86 dated January 8, 1986, the termination of services etc. may be resorted to. Yours sincerely, (V. Panjani)).” 7. Relying on the Regulations referred to herein above, learned Standing Counsel has urged that the power contained in Regulation 525 has been delegated by the Director General of Police to the Dy. Inspector General of Police (Karmik) U.P. Police Head Quarter, Allahabad and Superintendent of Police (Karmik) U.P. Head Quater, Allahabad. 8. Yours sincerely, (V. Panjani)).” 7. Relying on the Regulations referred to herein above, learned Standing Counsel has urged that the power contained in Regulation 525 has been delegated by the Director General of Police to the Dy. Inspector General of Police (Karmik) U.P. Police Head Quarter, Allahabad and Superintendent of Police (Karmik) U.P. Head Quater, Allahabad. 8. The decision in the case of Masood Asgar v. State of U.P. (Writ Petition No. 28380 of 1995) came to be delivered on 3-7-1997, where, the learned Single Judge of this Court came to be observe as follows : “Upon considerations of the aforesaid materials I find that the respondents are not consistent as regards the policy under which transfers from armed police to civil police are being affected. The Rules do not show that for such transfer any preference can be given to any employee on the ground of his belonging to any reserved category. Still then, it has been said that list of such transferees belonging to scheduled caste has been prepared. At some stage, the respondents have stated that seniority is the criterion and in other place it has been stated that such transfers are not be made only on consideration of education qualifications and seniority. Admittedly, Regulation 525 does not provide for any guideline for such transfers. The various stands taken by various authorities show that various criteria are preferred to a relevant consideration for such transfer. Such stand cannot be taken by the respondents and they are bound to affect transfers under some clear policy and guidelines.” 9. From a perusal of the fact as on record, the situation does not seem to have improved any further. The inconsistency that existed in the year 1997, is still reflected today as is evident from the facts indicated herein above. However, the difficulties that were pointed out by the learned Standing Counsel for co-ordinating such transfers on previous occasion had been indicated in the order passed by me in writ petition No. 19629 of 2006 disposed of on 12-4-2004. A perusal of the said decision would indicate that it is on account of non-availability of fresh recruits that the Armed Police personnels are not relieved for being transferred back to Civil Police. A perusal of the said decision would indicate that it is on account of non-availability of fresh recruits that the Armed Police personnels are not relieved for being transferred back to Civil Police. The Court had been informed as recorded in the said decision that the new recruits throughout the State would be very shortly available in order to satisfy the number of Armed Police that are required and thereafter the claim of such repatriation shall be considered. Learned Standing Counsel has invited the attention of the Court to Chapter VII of the Regulations and has urged that the posts of Armed Police should not be left vacant and in these circumstances of shortage of Armed Police, the petitioners are being retained in Civil Police. 10. The aforesaid facts as stated by the learned Standing Counsel have to be taken a note of by the respondents and as such the transfers and repatriation to Civil Police from Armed police have to be coordinated according to the need as determined by the authorities. However, while determining this aspect and while proceeding to repatriate and transfer constables from Civil Police to Armed Police and vice-versa, the respondents have also to implement Regulation 525 in a manner that it does not reflect discrimination. What appears to have been done is that such persons, who have approached this Court and have been favoured with a mandamus for their consideration, have been given the benefit of repatriation irrespective of the length of the services of their colleagues, who had either put in more years of posting in the Armed Police or Civil police as the case may be, while complying with the directions of this Court for considering the claim of any particular constable. The respondents are duty bound to adhere to an uniform policy. Under the garb of compliance of the orders for considering of individual cases, the respondents cannot discriminate similarly situate or better placed constable. The police department is further required to implement the policy uniformly. In such circumstances, it would be appropriate for the respondent No. 1 namely, Principal Secretary, Home to get the uniform policy framed for such repatriation after consultation with the Director General of Police and such authorities on behalf of the Government as may be desirable and thereafter issue necessary directions for the implementation thereof. In such circumstances, it would be appropriate for the respondent No. 1 namely, Principal Secretary, Home to get the uniform policy framed for such repatriation after consultation with the Director General of Police and such authorities on behalf of the Government as may be desirable and thereafter issue necessary directions for the implementation thereof. This matter of policy should be decided at the earliest in order to avoid large number of petitions being filed before this Court complaining of violation of Regulation 525. The State Government should also endeavour to fill up the post of Armed police, which are vacant and should also ensure a continuous process to select constables according to the vacancies that keep on arising from time to time so that the requisite numbers of recruit are available to re-inforce the deficiency in numbers that keep on arising on account of retirement of personnels or other such vacancies arising from time to time. 11. The matter shall be listed after six weeks by which time the State Government may file an affidavit bringing on record the decision taken in the light of the observations made herein above. 12. In the interregnum period the respective Superintendent of Police of the districts connected in all the connected writ petitions may proceed to consider the claim of the petitioners and pass appropriate orders in accordance with law. 13. A certified copy of this order shall be produced by the petitioners before the competent authority within ten days. Learned Chief Standing Counsel shall forward a copy of this order to the Principal Secretary, Home for his attention and action in the matter. Directions Issued. ————