Others v. State Of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Lko. And

1. Heard Mr. S.N. Bhardwaj and Mr. Santosh Kumar Yadav Warsi, learned counsels for petitioners and Mr. Ashok Verma, learned Additional Standing counsel on behalf of opposite parties.

2. Since the cause of action is similar in all petitions, they have been adjudicated upon by means of this common judgement. 4 <WRIT A No. 6915 of 2025>

3. These writ petitions have been filed challenging orders dated 12.6.2025 and 15.6.2025 issued by Police Establishment Board, P.A.C. Headquarters, U.P. Lucknow (hereinafter referred to as 'PAC') transferring a number of Constable Drivers.

4. The aforesaid orders have been challenged primarily on the grounds of lack of jurisdiction by PAC Headquarters regarding issuance of transfer orders pertaining to Constable Drivers, which form a separate cadre altogether and are not within cadre structure of PAC.

5. It has been submitted by learned counsel for petitioners that prior to 2015, there was no separate cadre of Constable Drivers in the police force and Constables generally were being allocated the work of drivers. Subsequently, vide notification dated 14.8.2015, the U.P. Police Motor Transport Unit Subordinate Officers Service Rules, 2015 (hereinafter referred to as the 'Motor Transport Rules 2015') were notified, whereby the cadre of Constable Drivers was carved out for the first time. It is submitted that appointing authority of such Constable Drivers was clearly indicated in Rule 3(a) of 'Motor Transport Rules 2015', the cadre strength was indicated in Rule 4 and modes of recruitment and feeding cadres were indicated in Rule 5 thereof.

6. It has further been submitted that apart from the aforesaid Rules, the U.P. Pradeshik Armed Constabulary Subordinate Officers Service Rules, 2008 (hereinafter referred to as the 'PAC Rules 2008'), were enforced prior 5 <WRIT A No. 6915 of 2025> to notification of the 'Motor Transport Rules 2015' and conferred powers of transfer upon the appointing authority indicated in Rule 3 (b) of the 'PAC Rules 2008' indicating the appointing authority as Deputy Inspector General of Police in the case of Inspectors Armed Police and the Commandant in the case of Head Constable and Constables. Learned counsel has also adverted to Rule 41 of the 'PAC Rules 2008' to submit that power of transfer and posting of various units of Police Department was conferred upon the authorities indicated therein and was vested with the Pradeshik Armed Constabulary Establishment Board constituted by the Government. It is further submitted that the Pradeshik Armed Constabulary Establishment Board was constituted in pursuance of directions issued by the Hon'ble Supreme Court in the case of Prakash Singh Vs. Union of India (2006) 8 SCC 1.

7. Therefore, it has also been submitted that in pursuance of establishment of a separate cadre of Constable Drivers, the office of Director general of Police vide order dated 12.3.2018 conferred the powers of their transfer upon the Additional Director General of Police (Logistics) U.P.

8. The gist of the submissions, therefore, is that since the cadre of Constable Drivers is separate from that of the PAC, the Police Establishment Board constituted for personnel of the PAC would not have any jurisdiction to transfer Constable Drivers, who can be transferred only by the authority indicated in the order dated 12.3.2018. It is also submitted that subsequently, the U.P. Pradeshik Armed Constabulary Subordinate Officers Service Rules, 6 <WRIT A No. 6915 of 2025> 2015 (PAC Rules of 2015) have also been notified, which also do not indicate any aspect different from the 'PAC Rules 2008', nor do they include the cadre of Constable Drivers within purview of the PAC.

9. Learned State counsel has refuted submissions advanced by learned counsel for petitioners with the submissions that Establishment Board of the PAC was constituted in terms of directions issued by the Supreme Court in the case of Prakash Singh (supra). He has also adverted to the aspect of appointing authority as indicated in Rule 3(b) of the 'PAC Rules 2008' and the 'PAC Rules 2015', to submit that the same has been defined as the Commandant in the case of Head Constables and Constables, and is equivalent to the post of Superintendent of Police as indicated in the Motor Transport Rules of 2015. Learned State counsel has also adverted to recommendations dated 12.3.2024, which were made in consultation with the Logistics Department, and submits that the earlier order dated

12.3.2018 has thereafter been amended, conferring powers of transfer upon the various Establishment Boards under various units for the transfer of Constable Drivers. It is submitted that in terms of recommendations so made, the Director General of Police vide order dated 22.3.2024 has granted approval for amendment of the earlier order dated 12.3.2018 and in addition to the Logistic Department, power of transfer of Constable Drivers has also been conferred upon the various Establishment Boards within their jurisdiction pertaining to the various units of Police Department. 7 <WRIT A No. 6915 of 2025>

10. It is, therefore, submitted that in terms of subsequent orders, for the purposes of smooth administrative functioning, the power of transfers is required to be exercised by the various Establishment Boards, in addition to the powers of transfer conferred upon the Logistics Department and it is in pursuance of such powers that the impugned order has been passed.

11. Upon consideration of submissions advanced by learned counsel for parties and perusal of material available on record, it is evident that various Establishment Boards have been constituted for various units of the Police Department in terms of directions issued by the Supreme Court in the case of Prakash Singh (supra). Prior to 2015, the work of drivers in the Police Department was being conducted by constables, but with the advent of the 'Motor Transport Rules 2015', a separate cadre altogether of Constable Drivers was constituted, specifically indicating a separate appointing authority under Rule 3(a), with the cadre and its strength being indicated in Rule 4 and the modes of recruitment being indicated in Rule 5 thereof. The aforesaid rules, therefore, make it evident that the cadre of Constable Drivers constitutes a completely separate entity altogether and, after 2015, would not come within the general cadre of Constables.

12. A perusal of the 'PAC Rules 2008', as superseded by the subsequent 'PAC Rules 2015', indicates the appointing authority for Constables of the PAC in Rule 3(b). The cadre of service has been indicated in Rule 4 of 'PAC Rules 2015', which does not include any cadre of Constable Drivers. Rule 5 of the 'PAC Rules 2015' 8 <WRIT A No. 6915 of 2025> indicates the source of recruitment for the posts of Constables and Head Constables. Here again, there is no concept of Constable Drivers, nor is there any source of recruitment indicated therein, which is similar to Rule 5 of the 'Motor Transport Rules 2015'. Rule 41 of the PAC 'Rules 2008 and 2015' also indicates that transfer and posting of various units of the Police Department commonly refers to various posts of Constables, Head Constables, and other employees, but again omits any mention of the cadre of Constable Drivers.

13. Relevant Rules of the 'PAC Rules 2008" has been reproduced as under: Rule 4 of the 'PAC Rules 2008" reads as under: "4. Cadre of Service. (1) The strength of the cadre of Subordinate Officers of the Pradeshik Armed Constabulary and of each category of posts there in shall be such as may be determined by the Government from time to time. 2[(2) The strength of the service and of each category of posts therein shall, until orders varying the same are passed under sub-rule (1), be as given below: S. No. Name of the Post Temporary Permanent Total (a) Inspector Armed Police

4. Company Commander/Quarter Master in PAC Inspector Armed Police in District Inspectors Armed Police in Training in Institutions and other units Traffic Inspectors Districts 84 222 306 - - 05 76 26 04 76 26 09

5. Security branch Total (b) Sub-Inspector Armed Police

9. Platoon Commander in PAC Sub Inspector in Armed Police G.R.P. Training Directorate, U.P, Lucknow STF, Lucknow Central Store, Kanpur Traffic Sub Inspector Security branch Central Reserve Sitapur Total 9 29 118 262 28 07 - - - 86 115 01 499 (c) Head Constable, Pradeshik Armed Constabulary

2. PAC Security branch Total 1806 144 1950 (d) Constable, Pradeshik Armed Constabulary

2. PAC Security branch Total Provided that- 7872 303 8175 <WRIT A No. 6915 of 2025> - 328 652 217 38 74 01 06 04 - - 992 4372 - 4372 19115 - 19115 29 446 914 245 45 74 01 06 90 115 01 1491 6178 144 6322 26987 303 27290 (i) the head of the department may redetermine the number of posts of various units within the overall sanctioned allocation. (ii) the appointing authority may leave unfilled or the, Governor may hold in abeyance any, vacancy post without thereby entitling any person to compensation, or (iii) the Governor may create such additional permanent or temporary posts as he may consider proper." Rule 41 of the 'PAC Rules 2008" reads as under: 10 <WRIT A No. 6915 of 2025> "41. Transfers-(1) Quarter Master, Company Commander, Platoon Commanders, Head Constables and Constables and employees posted in other equivalent posts may be transferred or posted within Pradeshik Armed Constabulary from one place to another by the order of Pradeshik Armed Constabulary Establishment Board constituted by the Government. (2) Quartermaster, Inspector Armed police, Traffic Inspector, Sub- Inspector armed police will be selected as per prevailing process and norms. These cadres may be transferred or posted to Distts./Units/ Pradeshik Armed Constabulary by the order of Police Establishment Board constituted by the Government. (3) Traffic Sub Inspector will be selected by Traffic Directorate and may be transferred or posted to Distts./ Units/Pradeshik Armed Constabulary by Traffic Directorate. (4) Name of posts of equivalent ranks of Upper Subordinate Officers of Pradeshik Armed Constabulary, at the time of commencement of these rules are as below: Inspector Armed Police- (a) 'Company Commander' in Pradeshik Armed Constabulary. (b) 'Quarter Master' in Pradeshik Armed Constabulary. 'Inspector Armed police' in districts, training institutions, Government Railway Police and other units. 11 <WRIT A No. 6915 of 2025> (c) 'Traffic Inspector' in districts. Sub-Inspector Armed Police- (a) 'Platoon Commander' in Pradeshik Armed Constabulary. (b) 'Subedar Adjutant' in Pradeshik Armed Constabulary. (c) 'Subedar Quarter Master' in Pradeshik Armed Constabulary. (d) 'Sub-Inspector Armed Police' in districts, training institutions, Government Railway Police and other units. (e) 'Traffic Sub Inspector' in districts." Rule 3 (b) and 4 of 'PAC Rules 2015" read as under: "3(b) 'Appointing authority' means the Deputy Inspector General of Police in the case of Inspectors Armed Police and Sub-Inspectors Armed Police/Platoon Commanders and in the case of Head Constable Pradeshik Armed Constabulary and Constable Pradeshik Armed Constabulary, the Commandant or the Superintendent of POlice as the case may be.

4. Cadre of Service. (1) The strength of the cadre of Subordinate Officers of the Pradeshik Armed Constabulary and of each category of posts there in shall be such as may be determined by the Government from time to time. 12 <WRIT A No. 6915 of 2025> 2[(2) The strength of the service and of each category of posts therein shall, until orders varying the same are passed under sub-rule (1), be as given below: S. No. Name of the Post Temporary Permanent Total (a) Inspector Armed Police 84 222 306

5. Company Commander/Quarter Master in PAC Inspector Armed Police in District Inspectors Armed Police in Training in Institutions and other units Traffic Inspectors Districts Security branch Total (b) Sub-Inspector Armed Police

9. Platoon Commander in PAC Sub Inspector in Armed Police G.R.P. Training Directorate, U.P, Lucknow STF, Lucknow Central Store, Kanpur Traffic Sub Inspector Security branch Central Reserve Sitapur Total - - 05 29 118 262 28 07 - - - 86 115 01 500 (c) Head Constable, Pradeshik Armed Constabulary

2. PAC Security branch Total 1811 144 1955 (d) Constable, Pradeshik Armed Constabulary

2. PAC Security branch Total Provided that- 7887 303 8190 76 26 04 - 328 652 217 38 74 01 06 04 - - 992 4372 - 4372 19115 - 19115 76 26 09 29 446 915 245 45 74 01 06 90 115 01 1492 6183 144 6327 27002 303 27305 13 <WRIT A No. 6915 of 2025> (i) the head of the department may redetermine the number of posts of various units within the overall sanctioned allocation. (ii) the appointing authority may leave unfilled or the, Governor may hold in abeyance any, vacancy post without thereby entitling any person to compensation, or (iii) the Governor may create such additional permanent or temporary posts as he may consider proper." Rule 3 (a) and 4 of 'Motor Transport Rules 2015" read as under: "3(a) "Appointing Authority" Superintendent of Police concerned in respect of Constable Driver, Head Constable Driver and Head Constable Motor Transport and the Deputy Inspector General of Police in respect of Sub Inspector Motor Transport and Inspector Motor Transport.

4. Cadre of Service. (1) The strength of the service and of each category of posts therein shall be such as maybe determined by the State Government from time to time. (2) The strength of the service and of each category of posts therein shall, until orders varying the same are passed under sub-rule(1), be as given below:- Name of Posts Sanctioned Allocation Constable Driver Head Constable Driver Head Constable Motor Transport 9126 1098 283 14 <WRIT A No. 6915 of 2025> Sub-Inspector Motor Transport Inspector Motor Transport Provided that- 99 09 (i) The Head of Department may re-determine the number of posts of various units within the overall sanctioned allocation, (ii) The Appointing authority may leave unfilled or the, Governor may hold in abeyance any vacant post, without thereby entitling any person to compensation; (iii) The Governor may create such additional permanent or temporary posts as he may consider proper."

14. A joint reading of the 'Motor Transport Rules 2015' with the 'PAC Rules 2008 and 2015' makes a clear distinction between the post of Constable and Constable Driver quite apparent.

15. The aforesaid Rules, particularly the 'PAC Rules 2008 and 2015' as compared to the Motor Transport Rules of 2015, therefore, make it evident that there is no post of Constable Drivers within the Establishment of PAC itself.

16. Earlier vide order dated 12.3.2018, Director General of Police has specifically conferred powers of transfer of drivers in the Motor Transport Department of Police upon Additional Director General of Police. Learned State counsel has adverted to the recommendations dated 12.3.2024 as approved by the Director General of Police vide order dated 22.3.2024 whereby Additional power of transfer has been conferred upon various Police 15 <WRIT A No. 6915 of 2025> Establishment Boards formed under various units of the Police Department.

17. A perusal of order dated 22.3.2024 makes it evident that earlier order dated 12.3.2018 has been amended and modified while confirming such additional powers of transfer. It is also evident that earlier power of transfer for the cadre of Constable Drivers with the Logistic Unit in terms of the earlier order dated 12.3.2018 remains intact.

18. In view of the discussions made hereinabove and upon perusal of the various Rules applicable to the PAC as well as the cadre of Motor Transport Department of Police, it is evident that cadre of Constable Drivers constitutes an entirely separate cadre from that of Constables in the PAC. It is also evident that post of Constable Drivers does not come within purview of the PAC Establishment at all after the advent of the 'Motor Transport Rules 2015'. In such circumstances, it is also evident that Police Establishment Board of the PAC would not have any power or jurisdiction over transfer of Constable Drivers in Motor Transport Department of Police.

19. Once the statutory rules do not include the cadre of Constable Drivers and Head Constables within purview of the PAC, in the considered opinion of this Court, the Director General of Police, cannot by administrative instructions supersede specific statutory rules by conferring powers upon an organization which otherwise does not have any power over the cadre of Motor Transport Department of Police. The order dated

22.3.2024 issued by the office of Director General of 16 <WRIT A No. 6915 of 2025> Police, therefore, is held to be contrary to the provisions of the 'Motor Transport Rules 2015'.

20. Since it is quite evident that impugned orders have been passed by the PAC Establishment Board, pertaining to transfers of Constable Drivers, the same are, therefore, held to be without jurisdiction and impugned orders dated 12.6.2025 and 15.6.2025 are hereby quashed by issuance of a writ in the nature of certiorari.

21. So far as the Writ-A No. 6867 of 2025 is concerned, the same pertains to post of Armourer and not the cadre of Constable Drivers. However, it is also evident that said post of Armourer also finds mention in the U.P. Police Armourer Division Subordinate Officers Service Rules, 2016 as notified on 13.12.2017. A perusal of aforesaid Rules of 2017 make it evident that they are virtually perimeteria with the Transport Department Rules pertaining to Constable Drivers, which was notified in the year 2015. In view thereof, it is evident that the cadre of Armourer also forms a separate and distinct cadre, which does not come within purview of PAC.

22. In view thereof, the order impugned in the said writ petition dated 13.6.2025 is also quashed by issuance of writ in the nature of certiorari.

23. Resultantly, the writ petitions succeed and are allowed. Parties shall bear their own costs. September 3, 2025 AKK (Manish Mathur,J.) AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Mr. S.N. Bhardwaj and Mr. Santosh Kumar Yadav Warsi, learned counsels for petitioners and Mr. Ashok Verma, learned Additional Standing counsel on behalf of opposite parties.

2. Since the cause of action is similar in all petitions, they have been adjudicated upon by means of this common judgement. 4 <WRIT A No. 6915 of 2025>

3. These writ petitions have been filed challenging orders dated 12.6.2025 and 15.6.2025 issued by Police Establishment Board, P.A.C. Headquarters, U.P. Lucknow (hereinafter referred to as 'PAC') transferring a number of Constable Drivers.

4. The aforesaid orders have been challenged primarily on the grounds of lack of jurisdiction by PAC Headquarters regarding issuance of transfer orders pertaining to Constable Drivers, which form a separate cadre altogether and are not within cadre structure of PAC.

5. It has been submitted by learned counsel for petitioners that prior to 2015, there was no separate cadre of Constable Drivers in the police force and Constables generally were being allocated the work of drivers. Subsequently, vide notification dated 14.8.2015, the U.P. Police Motor Transport Unit Subordinate Officers Service Rules, 2015 (hereinafter referred to as the 'Motor Transport Rules 2015') were notified, whereby the cadre of Constable Drivers was carved out for the first time. It is submitted that appointing authority of such Constable Drivers was clearly indicated in Rule 3(a) of 'Motor Transport Rules 2015', the cadre strength was indicated in Rule 4 and modes of recruitment and feeding cadres were indicated in Rule 5 thereof.

6. It has further been submitted that apart from the aforesaid Rules, the U.P. Pradeshik Armed Constabulary Subordinate Officers Service Rules, 2008 (hereinafter referred to as the 'PAC Rules 2008'), were enforced prior 5 <WRIT A No. 6915 of 2025> to notification of the 'Motor Transport Rules 2015' and conferred powers of transfer upon the appointing authority indicated in Rule 3 (b) of the 'PAC Rules 2008' indicating the appointing authority as Deputy Inspector General of Police in the case of Inspectors Armed Police and the Commandant in the case of Head Constable and Constables. Learned counsel has also adverted to Rule 41 of the 'PAC Rules 2008' to submit that power of transfer and posting of various units of Police Department was conferred upon the authorities indicated therein and was vested with the Pradeshik Armed Constabulary Establishment Board constituted by the Government. It is further submitted that the Pradeshik Armed Constabulary Establishment Board was constituted in pursuance of directions issued by the Hon'ble Supreme Court in the case of Prakash Singh Vs. Union of India (2006) 8 SCC 1.

7. Therefore, it has also been submitted that in pursuance of establishment of a separate cadre of Constable Drivers, the office of Director general of Police vide order dated 12.3.2018 conferred the powers of their transfer upon the Additional Director General of Police (Logistics) U.P.

8. The gist of the submissions, therefore, is that since the cadre of Constable Drivers is separate from that of the PAC, the Police Establishment Board constituted for personnel of the PAC would not have any jurisdiction to transfer Constable Drivers, who can be transferred only by the authority indicated in the order dated 12.3.2018. It is also submitted that subsequently, the U.P. Pradeshik Armed Constabulary Subordinate Officers Service Rules, 6 <WRIT A No. 6915 of 2025> 2015 (PAC Rules of 2015) have also been notified, which also do not indicate any aspect different from the 'PAC Rules 2008', nor do they include the cadre of Constable Drivers within purview of the PAC.

9. Learned State counsel has refuted submissions advanced by learned counsel for petitioners with the submissions that Establishment Board of the PAC was constituted in terms of directions issued by the Supreme Court in the case of Prakash Singh (supra). He has also adverted to the aspect of appointing authority as indicated in Rule 3(b) of the 'PAC Rules 2008' and the 'PAC Rules 2015', to submit that the same has been defined as the Commandant in the case of Head Constables and Constables, and is equivalent to the post of Superintendent of Police as indicated in the Motor Transport Rules of 2015. Learned State counsel has also adverted to recommendations dated 12.3.2024, which were made in consultation with the Logistics Department, and submits that the earlier order dated

12.3.2018 has thereafter been amended, conferring powers of transfer upon the various Establishment Boards under various units for the transfer of Constable Drivers. It is submitted that in terms of recommendations so made, the Director General of Police vide order dated 22.3.2024 has granted approval for amendment of the earlier order dated 12.3.2018 and in addition to the Logistic Department, power of transfer of Constable Drivers has also been conferred upon the various Establishment Boards within their jurisdiction pertaining to the various units of Police Department. 7 <WRIT A No. 6915 of 2025>

10. It is, therefore, submitted that in terms of subsequent orders, for the purposes of smooth administrative functioning, the power of transfers is required to be exercised by the various Establishment Boards, in addition to the powers of transfer conferred upon the Logistics Department and it is in pursuance of such powers that the impugned order has been passed.

11. Upon consideration of submissions advanced by learned counsel for parties and perusal of material available on record, it is evident that various Establishment Boards have been constituted for various units of the Police Department in terms of directions issued by the Supreme Court in the case of Prakash Singh (supra). Prior to 2015, the work of drivers in the Police Department was being conducted by constables, but with the advent of the 'Motor Transport Rules 2015', a separate cadre altogether of Constable Drivers was constituted, specifically indicating a separate appointing authority under Rule 3(a), with the cadre and its strength being indicated in Rule 4 and the modes of recruitment being indicated in Rule 5 thereof. The aforesaid rules, therefore, make it evident that the cadre of Constable Drivers constitutes a completely separate entity altogether and, after 2015, would not come within the general cadre of Constables.

12. A perusal of the 'PAC Rules 2008', as superseded by the subsequent 'PAC Rules 2015', indicates the appointing authority for Constables of the PAC in Rule 3(b). The cadre of service has been indicated in Rule 4 of 'PAC Rules 2015', which does not include any cadre of Constable Drivers. Rule 5 of the 'PAC Rules 2015' 8 <WRIT A No. 6915 of 2025> indicates the source of recruitment for the posts of Constables and Head Constables. Here again, there is no concept of Constable Drivers, nor is there any source of recruitment indicated therein, which is similar to Rule 5 of the 'Motor Transport Rules 2015'. Rule 41 of the PAC 'Rules 2008 and 2015' also indicates that transfer and posting of various units of the Police Department commonly refers to various posts of Constables, Head Constables, and other employees, but again omits any mention of the cadre of Constable Drivers.

13. Relevant Rules of the 'PAC Rules 2008" has been reproduced as under: Rule 4 of the 'PAC Rules 2008" reads as under: "4. Cadre of Service. (1) The strength of the cadre of Subordinate Officers of the Pradeshik Armed Constabulary and of each category of posts there in shall be such as may be determined by the Government from time to time. 2[(2) The strength of the service and of each category of posts therein shall, until orders varying the same are passed under sub-rule (1), be as given below: S. No. Name of the Post Temporary Permanent Total (a) Inspector Armed Police

4. Company Commander/Quarter Master in PAC Inspector Armed Police in District Inspectors Armed Police in Training in Institutions and other units Traffic Inspectors Districts 84 222 306 - - 05 76 26 04 76 26 09

5. Security branch Total (b) Sub-Inspector Armed Police

9. Platoon Commander in PAC Sub Inspector in Armed Police G.R.P. Training Directorate, U.P, Lucknow STF, Lucknow Central Store, Kanpur Traffic Sub Inspector Security branch Central Reserve Sitapur Total 9 29 118 262 28 07 - - - 86 115 01 499 (c) Head Constable, Pradeshik Armed Constabulary

2. PAC Security branch Total 1806 144 1950 (d) Constable, Pradeshik Armed Constabulary

2. PAC Security branch Total Provided that- 7872 303 8175 <WRIT A No. 6915 of 2025> - 328 652 217 38 74 01 06 04 - - 992 4372 - 4372 19115 - 19115 29 446 914 245 45 74 01 06 90 115 01 1491 6178 144 6322 26987 303 27290 (i) the head of the department may redetermine the number of posts of various units within the overall sanctioned allocation. (ii) the appointing authority may leave unfilled or the, Governor may hold in abeyance any, vacancy post without thereby entitling any person to compensation, or (iii) the Governor may create such additional permanent or temporary posts as he may consider proper." Rule 41 of the 'PAC Rules 2008" reads as under: 10 <WRIT A No. 6915 of 2025> "41. Transfers-(1) Quarter Master, Company Commander, Platoon Commanders, Head Constables and Constables and employees posted in other equivalent posts may be transferred or posted within Pradeshik Armed Constabulary from one place to another by the order of Pradeshik Armed Constabulary Establishment Board constituted by the Government. (2) Quartermaster, Inspector Armed police, Traffic Inspector, Sub- Inspector armed police will be selected as per prevailing process and norms. These cadres may be transferred or posted to Distts./Units/ Pradeshik Armed Constabulary by the order of Police Establishment Board constituted by the Government. (3) Traffic Sub Inspector will be selected by Traffic Directorate and may be transferred or posted to Distts./ Units/Pradeshik Armed Constabulary by Traffic Directorate. (4) Name of posts of equivalent ranks of Upper Subordinate Officers of Pradeshik Armed Constabulary, at the time of commencement of these rules are as below: Inspector Armed Police- (a) 'Company Commander' in Pradeshik Armed Constabulary. (b) 'Quarter Master' in Pradeshik Armed Constabulary. 'Inspector Armed police' in districts, training institutions, Government Railway Police and other units. 11 <WRIT A No. 6915 of 2025> (c) 'Traffic Inspector' in districts. Sub-Inspector Armed Police- (a) 'Platoon Commander' in Pradeshik Armed Constabulary. (b) 'Subedar Adjutant' in Pradeshik Armed Constabulary. (c) 'Subedar Quarter Master' in Pradeshik Armed Constabulary. (d) 'Sub-Inspector Armed Police' in districts, training institutions, Government Railway Police and other units. (e) 'Traffic Sub Inspector' in districts." Rule 3 (b) and 4 of 'PAC Rules 2015" read as under: "3(b) 'Appointing authority' means the Deputy Inspector General of Police in the case of Inspectors Armed Police and Sub-Inspectors Armed Police/Platoon Commanders and in the case of Head Constable Pradeshik Armed Constabulary and Constable Pradeshik Armed Constabulary, the Commandant or the Superintendent of POlice as the case may be.

4. Cadre of Service. (1) The strength of the cadre of Subordinate Officers of the Pradeshik Armed Constabulary and of each category of posts there in shall be such as may be determined by the Government from time to time. 12 <WRIT A No. 6915 of 2025> 2[(2) The strength of the service and of each category of posts therein shall, until orders varying the same are passed under sub-rule (1), be as given below: S. No. Name of the Post Temporary Permanent Total (a) Inspector Armed Police 84 222 306

5. Company Commander/Quarter Master in PAC Inspector Armed Police in District Inspectors Armed Police in Training in Institutions and other units Traffic Inspectors Districts Security branch Total (b) Sub-Inspector Armed Police

9. Platoon Commander in PAC Sub Inspector in Armed Police G.R.P. Training Directorate, U.P, Lucknow STF, Lucknow Central Store, Kanpur Traffic Sub Inspector Security branch Central Reserve Sitapur Total - - 05 29 118 262 28 07 - - - 86 115 01 500 (c) Head Constable, Pradeshik Armed Constabulary

2. PAC Security branch Total 1811 144 1955 (d) Constable, Pradeshik Armed Constabulary

2. PAC Security branch Total Provided that- 7887 303 8190 76 26 04 - 328 652 217 38 74 01 06 04 - - 992 4372 - 4372 19115 - 19115 76 26 09 29 446 915 245 45 74 01 06 90 115 01 1492 6183 144 6327 27002 303 27305 13 <WRIT A No. 6915 of 2025> (i) the head of the department may redetermine the number of posts of various units within the overall sanctioned allocation. (ii) the appointing authority may leave unfilled or the, Governor may hold in abeyance any, vacancy post without thereby entitling any person to compensation, or (iii) the Governor may create such additional permanent or temporary posts as he may consider proper." Rule 3 (a) and 4 of 'Motor Transport Rules 2015" read as under: "3(a) "Appointing Authority" Superintendent of Police concerned in respect of Constable Driver, Head Constable Driver and Head Constable Motor Transport and the Deputy Inspector General of Police in respect of Sub Inspector Motor Transport and Inspector Motor Transport.

4. Cadre of Service. (1) The strength of the service and of each category of posts therein shall be such as maybe determined by the State Government from time to time. (2) The strength of the service and of each category of posts therein shall, until orders varying the same are passed under sub-rule(1), be as given below:- Name of Posts Sanctioned Allocation Constable Driver Head Constable Driver Head Constable Motor Transport 9126 1098 283 14 <WRIT A No. 6915 of 2025> Sub-Inspector Motor Transport Inspector Motor Transport Provided that- 99 09 (i) The Head of Department may re-determine the number of posts of various units within the overall sanctioned allocation, (ii) The Appointing authority may leave unfilled or the, Governor may hold in abeyance any vacant post, without thereby entitling any person to compensation; (iii) The Governor may create such additional permanent or temporary posts as he may consider proper."

14. A joint reading of the 'Motor Transport Rules 2015' with the 'PAC Rules 2008 and 2015' makes a clear distinction between the post of Constable and Constable Driver quite apparent.

15. The aforesaid Rules, particularly the 'PAC Rules 2008 and 2015' as compared to the Motor Transport Rules of 2015, therefore, make it evident that there is no post of Constable Drivers within the Establishment of PAC itself.

16. Earlier vide order dated 12.3.2018, Director General of Police has specifically conferred powers of transfer of drivers in the Motor Transport Department of Police upon Additional Director General of Police. Learned State counsel has adverted to the recommendations dated 12.3.2024 as approved by the Director General of Police vide order dated 22.3.2024 whereby Additional power of transfer has been conferred upon various Police 15 <WRIT A No. 6915 of 2025> Establishment Boards formed under various units of the Police Department.

17. A perusal of order dated 22.3.2024 makes it evident that earlier order dated 12.3.2018 has been amended and modified while confirming such additional powers of transfer. It is also evident that earlier power of transfer for the cadre of Constable Drivers with the Logistic Unit in terms of the earlier order dated 12.3.2018 remains intact.

18. In view of the discussions made hereinabove and upon perusal of the various Rules applicable to the PAC as well as the cadre of Motor Transport Department of Police, it is evident that cadre of Constable Drivers constitutes an entirely separate cadre from that of Constables in the PAC. It is also evident that post of Constable Drivers does not come within purview of the PAC Establishment at all after the advent of the 'Motor Transport Rules 2015'. In such circumstances, it is also evident that Police Establishment Board of the PAC would not have any power or jurisdiction over transfer of Constable Drivers in Motor Transport Department of Police.

19. Once the statutory rules do not include the cadre of Constable Drivers and Head Constables within purview of the PAC, in the considered opinion of this Court, the Director General of Police, cannot by administrative instructions supersede specific statutory rules by conferring powers upon an organization which otherwise does not have any power over the cadre of Motor Transport Department of Police. The order dated

22.3.2024 issued by the office of Director General of 16 <WRIT A No. 6915 of 2025> Police, therefore, is held to be contrary to the provisions of the 'Motor Transport Rules 2015'.

20. Since it is quite evident that impugned orders have been passed by the PAC Establishment Board, pertaining to transfers of Constable Drivers, the same are, therefore, held to be without jurisdiction and impugned orders dated 12.6.2025 and 15.6.2025 are hereby quashed by issuance of a writ in the nature of certiorari.

21. So far as the Writ-A No. 6867 of 2025 is concerned, the same pertains to post of Armourer and not the cadre of Constable Drivers. However, it is also evident that said post of Armourer also finds mention in the U.P. Police Armourer Division Subordinate Officers Service Rules, 2016 as notified on 13.12.2017. A perusal of aforesaid Rules of 2017 make it evident that they are virtually perimeteria with the Transport Department Rules pertaining to Constable Drivers, which was notified in the year 2015. In view thereof, it is evident that the cadre of Armourer also forms a separate and distinct cadre, which does not come within purview of PAC.

22. In view thereof, the order impugned in the said writ petition dated 13.6.2025 is also quashed by issuance of writ in the nature of certiorari.

23. Resultantly, the writ petitions succeed and are allowed. Parties shall bear their own costs. September 3, 2025 AKK (Manish Mathur,J.) AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench