Court No. - 53
Case :- WRIT - A No. - 12914 of 2019 Petitioner :- Abbas Ahamad Respondent :- State Of U.P. Through Addl. Chief Secretary/Principal Secretary, Home, Lucknow And 2 Others Counsel for Petitioner :- Devesh Mishra,Abhishek Kumar,Vijay Gautam(Senior Adv.) Counsel for Respondent :- C.S.C.
Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
In the present case, petitioner's contention is that the period spent on training in the Police Department can be counted for grant of third promotional pay scale/grade pay of Rs.4600/-.
Petitioner states that this particular issue had been examined by this Court in Writ Petition No. 24910 of 2006 and the said writ petition had been allowed with the following observations:
"Thus, for the reasons stated above, the respondents are not justified in not counting the period spent in training for the purposes of calculating 24 years of service for grant of promotional pay scale to the petitioner. The writ petition is allowed with a direction to the respondents to count the training period of the petitioner for the purposes of granting second promotional pay scale."
Record in question further reflects that against the said writ petition, Special Appeal had been preferred, and during pendency of Special Appeal, it appears that the State Government has accepted the aforesaid claim and has proceeded to issue Government Order dated 21 July 2011. Thereafter the Special Appeal Bench keeping in view the aforesaid Government Order dated 21 July 2011 has proceeded to pass order rendering the Special Appeal infructuous. Armed with the aforesaid facts and circumstances, the petitioner has rushed to this Court, contending therein that he is entitled to the benefit of the Government Orders dated 21 July 2011, 17 March 2012, 26 August 2015, 3 March 2015 and 5 November 2014.
It appears that a representation dated 9 June 2019 (Annexure-6 to the writ petition) has been sent by registered post to the Superintendent of Police concerned which, as reflected from the supplementary affidavit filed today, appears to have been despatched on 19 August 2019. The supplementary affidavit filed today is taken on record.
In such a situation and in this background, the respondents are directed to consider the request of the petitioner and take appropriate decision, in accordance with law, by means of reasoned and speaking order, within a period of three months from the date of receipt of a certified copy of this order.
The writ petition stands disposed of accordingly.
Order Date :- 26.8.2019 SK (Jayant Banerji, J.)