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2024 DIGILAW 135 (ALL)

Archana Taliyan v. State of U. P.

2024-01-11

SAURABH SHYAM SHAMSHERY

body2024
JUDGMENT : 1. In present bunch of writ petitions an issue with regard to interpretation of Clause 12, sub-clause (4) of transfer policy dated 02.06.2023 is involved. It is well settled that a transfer policy is only an administrative policy without any back up of statutory provisions. 2. Petitioners before this Court are Assistant Teachers in different Primary Schools at different districts of State of U.P. run by Board of Basic Education, Uttar Pradesh. They claimed that their respective spouses are working in Delhi Police, which is under the supervision of Ministry of Home Affairs, Union of India and their services would fall within the terminology “regular employees working under service of Union of India”, as referred in above transfer policy for purpose of granting weightage marks for consideration of their respective applications for inter-district transfer. 3. The claim of petitioners for inter-district transfer was rejected and petitioners were not granted any weightage marks on basis that services with Delhi Police would not fall within the service of Union of India. 4. In the counter affidavit a categorical stand has been taken by State as decided in a high level meeting of State Authorities that nature of employment of Delhi Police is akin to State services, i.e., the working area of said employees is only within territory of State of NCT and not as a All India Service, whereas other services mentioned in sub-cause (4) of Clause 12 of transfer policy are the services having nature of All India Services as well as services which are within the State of U.P. No service of other State is included in said clause of transfer policy. For reference relevant part of transfer policy dated 02.06.2023 and circular dated 16.06.2023 is reproduced hereinafter: Transfer policy dated 02.06.2023 6. In above background, within limited scope of this Court in present cases considering explanation afforded by State, I am of the view that Delhi Police is a service having jurisdiction within National Capital Territory of Delhi, whereas services mentioned in sub-clause (4) of Clause 12 of transfer policy, i.e., Army etc. are within the ambit of All India Services. No other services of other States are included in that clause except services of State of U.P. 7. are within the ambit of All India Services. No other services of other States are included in that clause except services of State of U.P. 7. Recently this Court in a bunch of writ petitions leading being Writ-A No. 15163 of 2023 (Shradha Yadav and others vs. State of U.P. and others), Neutral Citation :2024:AHC: 4085 has dealt with the issue of scope of interference in a policy decision of State and relevant paragraphs thereof are reproduced hereinafter: 8. Heavy reliance placed by learned counsel for petitioners on office memorandum dated 01.09.2006 will also not be helpful since the word used therein is ‘treated’ only. Otherwise also, as referred above, territorial area of service under Delhi Police is only limited to N.C.T. of Delhi, not beyond. 9. In above background as well as taking note of an explanation afforded by State, I do not find that there is any arbitrariness on the part of respondents in not granting any marks to petitioners on strength of their spouses being working in Delhi Police. 10. The writ petitions are accordingly dismissed.