Rakesh Tiwari, J. - (1.) HEARD learned counsel for the appellant, learned Standing counsel for the respondents and perused the record.
(2.) THE appellant has filed this intra Court appeal challenging the validity and correctness of the impugned judgment and order dated 26.11.2014 passed by the Writ Court in Civil Misc. Writ Petition No. 63750 of 2014, Salahuddin Khan versus State of U.P. and others, whereby the aforesaid writ petition was dismissed. The judgment and order dated 26.11.2014 reads thus: - " The petitioner is aggrieved by the order dated 07.11.2014 whereby he has been transferred from Civil Police to G.R.P. Police.? From the averments of paragraph 4 of the writ petition it is noticed that the petitioner has completed 16 years of service in Civil Police Department since the date of his appointment on 13.10.1998.? The contention is that the persons who have completed 10 years of service or more cannot be transferred from Civil Police to G.R.P. Police. This controversy has already been settled in the case of Prakash Singh Vs. Union of India and Others. Therefore, I am not inclined to interfere with the order of transfer. The contention of the petitioner further is that his transfer order has been made in the mid academic session.? He has relied upon the judgment of Supreme Court reported in, 1994 Supp (2) SCC 666, Director of School Education, Madras and Others Vs. O. Karuppa Thevan and Another.? In my opinion the said judgment applied only to the education department and has no application in the police department and therefore the petitioner must keep the interest of Nation first above personal interest and proceed on transfer particularly when for the last 16 years he has remained in Civil Police as stated in the writ petition. In this view of the matter, this writ petition is devoid of merit and is accordingly dismissed."
(3.) LEARNED counsel for the appellant submits that the appellant has completed more than 10 years of service in Civil Police, hence he cannot be transferred from Civil Police to GRP Police in view of Para 525 of the U.P. Police Regulations, which is statutory in character, as such the impugned transfer order is illegal, arbitrary and is in violation of the Regulation 525 of U.P. Police Regulations and the same is liable to be quashed by this Court.;