The Allahabad High Court has stayed the transfer order of 36 Provincial Armed Constabulary (PAC) head constables, constables, including the petitioner, from the civil police to the armed police.
A single bench of Justice Siddharth passed this order while hearing a petition filed by Kamal Kumar Tripathi and 35 Others.
The petition has been filed praying for quashing of the transfer orders dated 18.04.2022, 07.05.2022 and 11.05.2022 passed by the Additional Superintendent of Police, PAC Headquarter, Uttar Pradesh at Lucknow and Inspector General of Police, PAC Headquarter, Uttar Pradesh at Lucknow.
Further prayer has been made for directing the respondents to not to interfere with the functioning of the petitioners on the post of constables and head constables in PAC and pay their regular salary.
Counsel for the petitioners submitted that as per Rule 41 of the Uttar Pradesh Pradeshik Armed Constabulary Subordinate Officer Service Rules, 2008, the Constables and Head Constables posted in PAC may be transferred from one place to another by the order of PAC Establishment Board but in the case, the petitioners have been transferred without their consent from PAC to armed police in various zones / Commissionerate. He has submitted that the impugned orders have been passed ignoring the aforesaid Rule 41.
Standing Counsel has placed before the Court, the Uttar Pradesh Pradeshik Armed Constabulary Adhinasth Adhikari Seva Adhiniyam, 2015 and has pointed out to Rule 3(n) which defines the “Subordinate Officers of PAC” as Armed Constabulary, other units, Armed Police of District Police or Constables on deputation in P.A.C, Head Constables, PAC, Sub-Inspector Armed Police / Platoon Commander, Inspector Armed Police, who were appointed prior to coming in force of the Rules of 2015 on their substantive posts.
He has submitted that the petitioners are Constables and Head Constables in PAC and have been transferred to armed police, which is included in the definition of “Subordinate Officer of PAC” in Rule 3(n), hence their transfer is as per the Rules.
He has further pointed out to Rule 15(1) which provides that Quartermaster, Company Commander, Platoon Commanders, Head Constables and Constables and the employees employed in equivalent post can be transferred by the orders of PAC (Establishment) Board from one place to another under PAC.
Counsel for the petitioners have pointed out that Rule 25(1) is same as Rule 41(1) of the PAC Subordinate Officers Service Rules, 2008 and Rule 3(n) is similar to Rule 3(m) of the P.A.C Subordinate Officers Rules, 2008. There is no difference in the rules of 2008 & 2015.
The Court allowed two week’s time to the Standing Counsel to file counter affidavit clearly stating the legal position regarding both the rules aforesaid.
“Till then the transfer orders dated 18.04.2022, 07.05.2022 and 11.05.2022 passed by the Additional Superintendent of Police, PAC Headquarter, UP at Lucknow and Inspector General of Police, PAC Headquarter, UP at Lucknow so far as they relate to the petitioners only, transferring them from PAC to Armed Police Force in various zone / commissionerate, shall remain stayed, provided the petitioners have not been relieved,” the Court ordered.
The Court has fixed the next hearing of the petition on July 5, 2022.