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Allahabad High Court · body

2007 DIGILAW 2467 (ALL)

YASHVIR SINGH v. STATE OF U P

2007-09-27

RAKESH TIWARI

body2007
RAKESH TIWARI, J. Heard learned Counsel for the parties. 2. Petitioners are three in numbers were recruited as civil police (constable) in U. P. Police Department in the year 1994. They have been posted in police lines, Bijnor. By order dated 22- 7-2007 passed by the S. P. Bijnor, they have been transferred to various places. Petitioner No. 1 has been transferred from Bijnor to Kanpur Nagar Police Lines, petitioner No. 2 has been transferred from Bijnor to Jhansi and petitioner No. 3 has been transferred from Bijnor to Allahabad by the aforesaid order dated 22-7-2007. 3. A perusal of the impugned order of transfer shows that petitioners have not been granted any joining time and had been relived immediately. The order further directed that the reliving of the transferred employees may be endorsed in the Hindi Adesh Pustika wherein all the orders are endorsed. It is also provided that their joining may also be endorsed at their transferred place of posting. 4. Learned Counsel for the petitioners submits that the petitioners have made a representation to respondent No. 2 for recall of the order of transfer on the ground that according to the Government guidelines the police officers can remain at a place for a maximum period of six years. 5. In so far as the question disturbance of study of the children is concerned, they are at present studying in class 3, 4 and 5 hence they can be got admitted at the transferred place of the petitioner at Jhansi, Kanpur and Allahabad respectively which are better cities than Bijnor. In so far as the education is concerned, the children are not appearing in class 10 and 12. Therefore, their studies being lower class would not be adversely affected. 6. If the petitioners face any difficulty in admission at the transfer place of posting, it is expected that the authority will assist them for getting admission. 7. The authority may also decide the representation of the petitioner dated 8-9-2007 within 15 days by a reasoned and speaking order form the date of production of certified copy of this order. 8. The period of six years provided in the guidelines has to be taken as maximum as it is clear from the guidelines. Therefore, police officers can be transferred even before the six years period of place of posting. 8. The period of six years provided in the guidelines has to be taken as maximum as it is clear from the guidelines. Therefore, police officers can be transferred even before the six years period of place of posting. The police force is discipline force and police officer can be transferred at any place in the exigency of work. He cannot take shelter to the Government guidelines, which are not statutory. Even if statutory provision have been made, he cannot served from his duty for joining at the place of his transferred. 9. Transfer is exigency of service and employee cannot have a choice of his place at the time of his posing. 10. For the reason stated above, the Court is not inclined to interfere in the matter. 11. The writ petition is accordingly dismissed. No order as to costs. Petition dismissed. .