Uttarakhand High Court
Kanta Agarwal And Others vs State Of Uttarakhand And Others on 22 April, 2017
Author: Rajiv Sharma
Bench: Rajiv Sharma
WPSS No. 2257 of 2015 Hon'ble Rajiv Sharma, J.
Mr. Vinay Kumar, Advocate for the petitioners.
Mr. Vikas Pande, Brief Holder for the State.
Heard.
Petitioners are discharging their duties as Constables in the PAC. Petitioners are seeking their transfer from PAC to DAP on the basis of the instructions dated 12.10.1973 issued by the State of Uttar Pradesh, adopted by the State of Uttarakhand read in conjunction with Paragraph No.525 of the Police Regulations.
Petitioners have already made a representation and the same was rejected merely on the ground that only male constables can be transferred from PAC to DAP.
It is a case of gender discrimination. It is not permissible under the Constitutional scheme more particularly under Articles 14, 15 and 16 of the Constitution of India.
The stand taken by the respondent- State not to transfer the lady constables from PAC to DAP is retrograde. The action of respondent-State must be progressive and the mindset must change with the change of time.
The decision not to transfer the lady constables from PAC to DAP is illegal, arbitrary and discriminatory, thus, violative of Articles 14, 15 and 16 of the Constitution of India.
Accordingly, the writ petition is allowed. Impugned orders dated 19.09.2014, 18.02.2015 and 07.04.2015 are quashed and set-aside. The respondents are directed to transfer the petitioners from PAC to DAP at par with male constables within eight weeks from the date of production of a certified copy of this order.
(Rajiv Sharma, J.) 22.04.2017 NISHANT