PANKAJ MITHAL,J. - (1.) UNDER challenge in these three writ petitions are the orders of transfer of the Police officers of the Sub-ordinate ranks.
(2.) THE State of U.P. had come out with the general policy for transfer of its employees for the year 2008-09 on 15th May, 2008. The said transfer policy was issued in supersession to all previous policies on transfer and even the Government Drders in this regard. One of the salient features of the said transfer policy is that annual transfers ought to be made between 15th May to 30th June and in case any transfer for any exigency is required to be made after 30th June, the same can be effected only with the approval of the Chief Minister on the papers being routed through the Minister concerned. The year 2009-10 has been declared to be a "no transfer year" vide Government policy dated 6th June, 2009 and it has been reiterated that if under any unprecedented circumstances a transfer is necessary it can only be made with the approval of the Chief-Minister again on movement through the Minister concerned. This policy does not supersede the earlier transfer policy 15th May, 2008 issued for the year 2008-09. Thus, in short the Government policy on transfer is that all annual transfers of Government employees be made by 30th June and thereafter no transfer can be made and if at all it is incumbent to do so it can be done with the approval of the Chief Minister. Sri Piyush Shukla, learned Standing Counsel on instructions received is not disputing the proclamation of the above transfer policy. The policy is not said to be in contravention of any statutory rule as well.
(3.) IN these petitions it has specifically been averred on affidavit that transfer orders have been issued without the approval of the Chief Minister or the Minister concerned in violation of the guidelines/transfer policy.;