Court No. - 22 Case :- SERVICE SINGLE No. - 3790 of 2010 Petitioner :- Const.Pawan Kumar Yadav And Others Respondent :- The State Of U.P.Through Principal Secy.Home Lucknow & Ors. Petitioner Counsel :- Devi Prasad Singh Respondent Counsel :- C.S.C. Hon'ble Satyendra Singh Chauhan,J.
Heard learned counsel for the parties.
No counter affidavit has been filed.
Learned Standing Counsel prays for and is granted four weeks’ further
time to file counter affidavit. Petitioner may file rejoinder affidavit
within two weeks thereafter.
List after expiry of the aforesaid period.
Submission of learned counsel for the petitioners is that this Court after
considering the matter at length passed an interim order finding that the
Police Establishment Board has not been constituted as directed by the
Hon’ble Supreme Court. The said order subjected to challenge in
Special Appeal No.850 of 2010 and this Court while considering the
issue came to the conclusion that since constitution of the Police
Establishment Board goes to the very root of the matter, therefore, there
was no illegality in the order passed by the learned Single Judge.
Once the interim order passed by the learned Single Judge received the
seal of the special appellate court, the transfer orders passed by the
opposite parties do not appear to be correct and justified in the facts and
circumstances of the case.
In the aforesaid circumstances, the transfer order dated 31.5.2010,
contained in Annexure No.1 to the writ petition, shall remain stayed
with respect to the petitioners provided the new incumbents have not
joined on the places in question. However, it will be open for the
opposite parties to pass fresh orders after approval from the Board.
Order Date :- 12.8.2010
BLY