JUDGMENT Honble Amitava Lala, ACJ.—This special appeal is arising out of an order dated 22.12.2009 passed by a learned Single Judge in Civil Misc. Writ Petition No. 69798 of 2009 holding that there is difference between the Constable and other Officers of the police force in respect of passing the order of transfer by the Police Establishment Board. In other words, it has been held that the Police Establishment Board relating to Inspector is different whereas in respect of the petitioner-appellant who is a Constable, the constitution of the Board is different. 2. Learned counsel appearing for the appellant has contended before us that in view of the judgement in Prakash Singh and others v. Union of India and others, (2006) 8 SCC 1, “there shall be a Police Establishment Board in each State which shall decide all transfers, postings, promotions and other service related matters of officers of and below the rank of Deputy Superintendent of Police. The Establishment Board shall be a departmental body comprising the Director General of Police and four other senior officers of the Department. The State Government may interfere with the decision of the Board in exceptional cases”. However, this will follow the Scheme, which has been framed by the Supreme Court till framing of appropriate legislation by the Central Government, State Governments or Union Territories. He has also brought before us Regulations 397 and 398 of the Police Regulations saying that non-gazetted officers include Constables. Therefore, the Board or Authority, who has passed the order of transfer was not empowered to pass such order. 3. According to the learned Standing Counsel appearing for the respondents, rules have already been framed, being the U.P. (Civil Police) Constables and Head Constables Service Rules, 2008. Effecting date of such rules is 2nd December, 2008. According to such Rules, the services of the Constables will be governed by the same. Rule 26 of the aforesaid Rules, 2008 says that if any matter is not specifically covered by the aforesaid Rules, then it will be applicable as per the rules, regulations or orders applicable to the general Government servants. He has brought before us the Government Order dated 12.3.2008 to that extent. 4. Having so, we find no reason to interfere with the order impugned in the present appeal. Accordingly, this special appeal is dismissed. 5. He has brought before us the Government Order dated 12.3.2008 to that extent. 4. Having so, we find no reason to interfere with the order impugned in the present appeal. Accordingly, this special appeal is dismissed. 5. However, subject to the joining at the transferred place, the petitioner-appellant will be entitled for consideration of his representation, if already made, upon giving fullest opportunity of hearing and by passing a reasoned order, within a period of one month from the date of production of certified copy of this order. For the purpose of effective adjudication, a copy of the special appeal along with its annexures can also be treated as part and parcel of the representation. 6. No order is passed as to costs. Honble S.N.H. Zaidi, J.—I agree. ————