- (1.) This special appeal has arisen from a judgment and order of a learned Single Judge dated 27 November 2014.
(2.) The first and the second respondents were posted as Head Constables in the civil police at Ghaziabad, while the third and the fourth respondents were posted as Constables in the civil police at Saharanpur. By an order dated 22 July 2011 passed by the Deputy Superintendent of Police (Establishment), Allahabad, the respondents were transferred from civil police to government railway police. The orders of transfer provided that on the expiry of a term of three years, they would be sent back to their parent department. Following the orders of transfer, the respondents were relieved from civil police and joined the government railway police. On 30 May 2008, a circular was issued by the Police Headquarters of which, Clause 2, inter alia, provided that Constables, Head Constables and Sub Inspectors from the civil police would be repatriated after the completion of three years in the government railway police. On 2 March 2012, this administrative arrangement was modified by providing that after the expiry of three years, the personnel would be repatriated on the basis of seniority. The respondents in their writ petition had a grievance that though they had completed a tenure of three years in the government railway police in the month of August 2014, they had not been repatriated. The respondents contended that the circular dated 2 March 2012 would not apply to them retrospectively.
(3.) The learned Single Judge relied upon a decision of another learned Single Judge in Rakesh Kumar Singh Vs. State of U.P. & Ors(C.M.W.P. No.62128 of 2012 (decided on 18 December 2012)). The learned Single Judge held that after the expiry of three years, the personnel who have been transferred from civil police to government railway police would have to be repatriated again and the modification which was made by the circular dated 2 March 2012 would take effect only prospectively. The view of learned Single Judge in Rakesh Kumar Singh is as follows:- "Having heard the learned counsel for the petitioner and the learned standing counsel, the Court is not at all impressed by the stand taken by the respondents. The respondents are bound to comply with the terms and conditions mentioned in the transfer orders. The transfer orders were patently clear, namely that the police personnels, who are being transferred from Civil Police to G.R.P. would be repatriated again to Civil Police immediately upon completion of three years of service in G.R.P. This condition imposed in the transfer order was passed on the basis of the circular of the respondents dated 30.5.2008. The stand of the respondents that the circular dated 30.5.2008 has been modified and therefore, the petitioners cannot be transferred is patently misconceived. The modification made by the respondents as per the circular dated 2.3.2012 can only be made prospective and cannot apply to those police personnels who had already been transferred as per the circular dated 30.5.2008.";