Anil Kumar, J. - (1.) HEARD Sri Rakesh Pathak, learned counsel for the petitioner and Sri Manjeev Shukla, learned State Counsel.
(2.) THE facts, in brief, of the present case are that the petitioners are working as Constable in U.P. Police. Initially they were transferred out side the range of their present place of posting, as such for redressal of their grievance, approached this Court by filing Writ Petition No. 1913 (S/S) of 2011( Ram Prakash Singh and Others Vs. State of U.P. and Others), disposed of vide order dated 23.5.2011. The relevant portion of the same is quoted as under: Accordingly, the writ petition is disposed of finally with the direction to the Deputy Inspector General of Police, Faizabad Region, Faizabad to consider and decide the representations contained as Annexure No. 6 to the writ petition, in accordance with law, within one month from the date a certified copy of this order is produced before him. Thereafter by order dated 23.7.2011 ( Annexure No. 3) passed by opposite party No. 3, petitioners are allowed to work and discharge their duties. Now by means of impugned order dated 31.10.2011( Annexure No. 1) passed by opposite party No. 2, petitioners have been transferred within the range of their present place of posting. Hence the present writ petition has been filed challenging the impugned order dated 31.10.2011.
(3.) LEARNED counsel for the petitioners submits that impugned order of transfer is illegal and arbitrary in nature as the same has been passed in mid session and their children are studying in Highschool and Intermediate and if they are compelled to go on the transferred place studies of children will suffer in the present era of competition, so the impugned order of transfer beside being illegal, against principles of natural justice and in violation of law as laid down by this Court in the case of Dr. A.K. Singh Vs. State of U.P. and Others, 2005 (23) LCD 1055 has held as under: We, therefore, while declining the entertain the writ petition, give liberty to the petitioner to make a fresh representation raising his grievance within a period of two weeks from today. If such a representation is made, the same shall be considered and disposed of expeditiously preferably within a period of six weeks, thereafter. For a period of eight weeks, the petitioner shall be allowed to continue at his present place of posting, if no one has joined in place of the petitioner and the operation and implementation of the transfer order dated 24.12.2004 contained in Annexure -1 to the writ petition in respect of the petitioner shall remain stayed till then.;