Research › Search › Judgment

Allahabad High Court · body

2009 DIGILAW 3420 (ALL)

AEIJAZ AHMAD v. UNION OF INDIA

2009-11-05

PRADEEP KANT, RITU RAJ AWASTHI

body2009
JUDGMENT By the Court.—This special appeal filed by the appellants, two in number, assails the judgment and order passed by the learned Single Judge dated 28.10.2009, disposing of their writ petition finally with a direction that the petitioners’ representation be disposed of in accordance with law by passing a speaking order within a period of three weeks from the date of production of the certified copy of the order and till then status quo as it existed on the date of passing of the order, was directed to be maintained. 2. The appellants who are working in the State of Uttar Pradesh on the creation of State of Uttaranchal (now known as Uttarakhand) under the provisions of Central Act No. 29, namely, U.P. Reorganisation Act, 2000, were considered for being allocated in either of the two States and thereafter a tentative list of transfer of police personnels was issued on 28.10.2005, in which junior most persons were to be transferred to the State of Uttarakhand. The appellants have been treated as junior most persons for the purpose. 3. The appellants being aggrieved represented against the aforesaid transfer list, to the State Advisory Committee, which representations according to them are still pending and no decision has been taken. In the meantime, the appellants were allowed to continue in the State of Uttar Pradesh and they have also been promoted on the post of Sub Inspector, Special Grade, by the orders of Police Headquarters, Allahabad and an entry to the same effect finds place in the Hindi Order Book. This was done on 30.6.2007. 4. As a consequence to the aforesaid promotion, the appellants have been given promotional pay scale, namely, higher pay scale than that of the post of Head Constable, which they were holding prior to such benefit being given to them. 5. It appears that the appellants were relieved by orders dated 15.10.2009 and 16.10.2009 for being posted in the State of Uttarakhand on the post of Head Constable. The appellants being aggrieved, filed the present writ petition, challenging their transfer to Uttarakhand on the ground that it is reversion from the post of Sub Inspector, Special Grade to the post of Head Constable. 6. The appellants being aggrieved, filed the present writ petition, challenging their transfer to Uttarakhand on the ground that it is reversion from the post of Sub Inspector, Special Grade to the post of Head Constable. 6. The learned Single Judge has not adverted on this issue, though this plea was specifically raised, and disposed of the writ petition with a direction that the Committee concerned shall decide the representations of the appellants in accordance with law by passing a speaking and reasoned order expeditiously and preferably within a period of three weeks from the date of receipt of a certified copy of the order and till then the status quo as it existed on the date of passing of the order was directed to be maintained. 7. Counsel for the appellants says that the effect of the status quo order is that on the one hand the appellants have been relived from the State of Uttar Pradesh and on the other hand, they cannot join at Uttarakhand and thus, neither they can be treated as employee of the State of Uttar Pradesh nor the employee of the State of Uttarakhand, so as to get the salary and other benefits. 8. Learned counsel for the Government of India, Sri I.H. Farooqui, however, submitted that the post of Sub Inspector, Special Grade is not a post but it only carries promotional scale, namely, higher emoluments than the one which are attached to the post of Head Constable. 9. Thus, it is established that once the appellants were promoted or were given promotional scale of Sub Inspector, Special Grade, they cannot be posted as Head Constable, unless they are subjected to any such proceedings, in which they are punished or reverted to the post of Head Constable. 10. This is fortified by the fact that under Section 7(d) of the Police Act, 1861, removal from any office of distinction or special emolument amounts to punishment, which can be effected only after holding enquiry. 11. The fact that the appellants were promoted on the post of Sub Inspector, Special Grade on the criteria of seniority, is evident by the promotion order dated 30.6.2007, as communicated by the Superintendent of Police, Ghazipur to Additional Superintendent of Police, Rural Area, wherein names of the appellants find mention. 12. 11. The fact that the appellants were promoted on the post of Sub Inspector, Special Grade on the criteria of seniority, is evident by the promotion order dated 30.6.2007, as communicated by the Superintendent of Police, Ghazipur to Additional Superintendent of Police, Rural Area, wherein names of the appellants find mention. 12. The appellants thus, having been promoted on the post or so to say have been given promotional pay scale, cannot be posted or transferred on the lower grade/post of Head Constable. 13. For the reasons stated above, the appellants cannot be compelled to be transferred to Uttarakhand on the post of Head Constable. The directions issued in this regard are set aside. 14. The appellants shall be allowed to discharge their duties in the State of Uttar Pradesh on the post on which they have been promoted, subject to any fresh orders being passed by the respondents in accordance with law. 15. The order dated 28.10.2009 passed by the learned Single Judge is set aside. 16. The special appeal is allowed. ————