Court No. - 42
Case :- WRIT - A No. - 9362 of 2019 Petitioner :- Ashok Kumar Pandey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Atipriya Gautam,Devesh Mishra,Vijay Gautam(Senior Adv.) Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Devesh Mishra, 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 petitioners. The writ petition is allowed with a direction to the respondents to count the training period of the petitioners for the purposes of granting second promotional pay scale."
Record in question further reflects that against the said 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 21.07.2011. Thereafter the Special Appeal Bench keeping in view the aforesaid Government Order dated 21.07.2011 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 21.07.2011, 17.03.2012, 26.08.2015, 03.03.2015 & 05.11.2014.
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 eight weeks from the date of receipt of a certified copy of this order.
Writ petition stands disposed of accordingly.
Order Date :- 31.5.2019 Ashish Tripathi