In a significant decision interpreting the constitutional position of Delhi Police, the Allahabad High Court has held that police personnel serving under Delhi Police are employees of the Union Government. A Division Bench comprising Justice Ashwani Kumar Mishra and Justice Praveen Kumar Giri delivered this ruling on May 22, 2025, allowing three connected special appeals filed by government school teachers whose transfer-related benefits had been denied.
Background
The appellants—Archana Taliyan (Special Appeal No. 168 of 2024), Sharda Lodhi and another (Special Appeal No. 282 of 2024), and Preeti Gautam (Special Appeal No. 283 of 2024)—were transferred to districts such as Bulandshahr under a merit-based transfer policy framed by the Uttar Pradesh government. Their merit scores included marks awarded for being spouses of Central Government employees. However, since their spouses were serving in the Delhi Police, authorities declined to recognize that employment as Central Government service. Consequently, their transfers were either not implemented or cancelled.
The writ petitions challenging these decisions were dismissed by a learned Single Judge on January 11, 2024. The petitioners then approached the Division Bench in appeal.
Counsel Appearance
The appellants were represented by Shri Prabhakar Awasthi, Shri Raj Kumar Singh, Shri Rajat Aren, and Shri Rishi Shrivastava. The respondents, including the State of Uttar Pradesh and the Union of India, were represented by A.S.G.I., Ms. Archana Singh, C.S.C., Shri Saumitra Singh, and Shri Pramod Kumar Singh.
Legal Issue and Arguments
The central issue before the Court was whether personnel of the Delhi Police are to be treated as employees of the Union Government for the purpose of availing benefits under the transfer policy applicable in Uttar Pradesh.
Relying on the Constitution Bench judgment of the Supreme Court in Government of NCT of Delhi vs. Union of India, (2023) 9 SCR 493, the counsel for the appellants argued that under Article 239AA of the Constitution, the legislative and executive control over “police” in Delhi lies with the Union Government. The relevant paragraphs of the judgment, particularly paragraphs 159 and 160, were cited to assert that Delhi Police remains outside the legislative competence of the Delhi Government and is governed by the Union of India.
Observations of the Court
The High Court accepted the appellant’s contention and observed:
“We have no difficulty in holding that the employees of Delhi Police would be treated to be employees of Union Government.”
The Court further held that the contrary view taken by the respondents and the learned Single Judge—treating Delhi Police personnel as State Government employees merely because their jurisdiction was limited to Delhi—was inconsistent with the constitutional framework.
Final Decision
Allowing all three appeals, the Bench:
- Set aside the judgment and order of the learned Single Judge dated January 11, 2024;
- Quashed the order of the District Basic Education Officer, Bulandshahr dated July 15, 2023, and the consequential order dated October 17, 2023;
- Declared that the appellants are to be treated as spouses of Union Government employees;
- Directed restoration of their previous place of postings;
- Ordered that they be paid salaries and all service benefits including arrears.
A fresh compliance order is to be issued within six weeks from the date a certified copy of the judgment is submitted to the concerned authority.
