Virendra Kumar, J. - (1.) Heard Mr. Amit Bose, learned counsel for the petitioner and learned Standing Counsel for the State.
(2.) This writ petition has been instituted on behalf of the petitioners for issuing mandamus against respondents to restrain them from enforcing the U.P. Police Group 'D' Employees Service Rules, 2009 after declaring the same to be ultra vires of Section 2 of the Police Act and beyond the rule making powers of the State Government under Section 46 (2) and (3) of the Police Act, 1861. It is further prayed that the respondents be directed to take an immediate decision on the representation for registration of the Police Vibhag Chaturth Shreni Karamchari Association, U.P. as a society under the Societies Registration Act ignoring the provisions of the Police Forces (Restriction of Rights) Act, 1966.
(3.) It is pleaded that the petitioners are challenging the action of respondents in not permitting the Class IV employees of the Police Department of the State of Uttar Pradesh to from an employee association which is a fundamental right guaranteed to every citizen of India under Article 19 (1) (c) of the Constitution. The respondents has taken ground that Class IV employees of the Police Department of the State of Uttar Pradsh are prohibited from forming any association under the provisions of the Police Forces (Restriction of Rights) Act, 1966. Eleven class IV employees of the Police Department of the State of Uttar Pradesh formed an association by the name of 'Police Department Class IV Employees Association' with its registered office House No. 88, Mihipurwa, K.K.C., Charbagh, Lucknow through a memorandum of association. The aforesaid memorandum also framed its rules. The aforesaid memorandum of registration as well as aforesaid rules were sent to the Deputy Registrar, Firms Societies and Chits, U.P., Lucknow along with an application dated 23.11.2009 submitted on behalf of the aforesaid association, by its Chairman Sri Parshuram Kashyap one of the founder members of the aforesaid association.;