- (1.) Through these writ petitions the petitioners who happen to be constable in Civil Police, working in District Kashiram Nagar have challenged their transfer orders dated 23.9.2009 by which they have been transferred from District Kashiram Nagar to District Saharanpur by the Deputy Inspector General of Police (Establishment) U.P. Police Headquarter at Allahabad. These transfer orders have been challenged on the following grounds: (a) Because these orders have been passed in the mid academic sessions and in case these are allowed to sustain the study of the petitioner's children would suffer and the petitioners would also face a lot of difficulty. (b) Because the transfer orders are in the teeth of Government order, meant for transfer of this annual session. In the submissions of learned Counsel for the petitioners the Government policy is to be honoured and followed by the authorities. (c) Because the impugned orders are an outcome of colourable exercise of power as the persons belonging to Yadav by caste have only been transferred from District Kashiram Nagar to District Saharanpur.
(2.) On 22.10.2009 this Court had passed the following orders: Learned counsel for the petitioner submits that only 10 constables have been transferred belonging to Yadav by caste from District Kashiram Nagar to District Saharanpur and no other constables have been transferred. In view of that learned standing counsel is directed to seek instructions as to whether the averments made to this effect are true. In case it is true the reason for transferring the constables belonging to a particular caste be disclosed. Copy of the order may be supplied to the learned standing counsel by tomorrow.
(3.) Pursuant thereto a short counter-affidavit has been filed by learned standing counsel. In the counter-affidavit it is stated that in view of the Government orders dated 15.10.2009 and 21.10.2009 the policy of transfer relating to the general State Government employees are not applicable in the case of transfer of the police department. Copy of such instructions have been brought on record as Annexure C.A.-2 to the counter affidavit. It has also been stated that 109 constables belonging to Yadav by caste were posted in district Kashiram Nagar and out of them only ten constables have been transferred from Kashiram Nagar to district Saharanpur and 99 are still working. It is also stated that pursuant to the transfer orders the petitioners have joined at their transferred place.;