Court No. - 6
Case :- WRIT - A No. - 14860 of 2020 Petitioner :- Constable 149 C.P. Ram Naresh And 4 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Arvind Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Petitioners have a separate cause of action. Sri Arvind Kumar Tiwari, learned counsel for the petitioners seeks leave to withdraw the petition on behalf of petitioners no. 2,3,4 and 5 with liberty to file a fresh petition individually on their behalf. Leave is granted.
Petitioner no. 1 was enrolled in the Indian Army on 06.01.1996. He was discharged from service honourably on 31.05.2012. The petitioner was thereafter enrolled in the U.P. Police on 15.05.2016. The petitioner claims that he is entitled for the benefit of services rendered in the Indian Army and the same are liable to be counted towards seniority and other service benefits in the police force. The petitioner relies on the U.P. Police Regulations 410 the the government orders dated 26.08.1977, 26.03.2019 and 31.01.2020.
Petitioner has made a representation in this regard. The representation has not been decided till date. The only prayer made by Sri Arvind Kumar Tiwari, learned counsel for the petitioners is that the representation may be decided within a stipulated period of time.
Per contra, learned Standing Counsel submits that in case the petitioner is eligible for grant of service benefits as per the government orders and the Regulations, the respondents are under an obligation of law to grant such benefits in an expeditious time frame.
In the wake of the preceding discussion this Court finds that the representation of the petitioner for grant of various benefits including his services rendered in the Indian Army has to be decided within a reasonable period of time.
Without going into the merits of the claim the matter is remitted to the respondent no. 3, Deputy Inspector General of Police (Establishment), U.P. Police Head Quarter, Allahabad. A writ in the nature of mandamus is issued commanding respondent no. 3, Deputy Inspector General of Police (Establishment), U.P. Police Head Quarter, Allahabad to execute the following direction:
(i) The respondent no. 3, Deputy Inspector General of Police (Establishment), U.P. Police Head Quarter, Allahabad shall decide the representation of the petitioner, preferably within a period of three months from the date of production of a computer generated copy of this order, downloaded from the website of High Court, Allahabad along with fresh copy of the representation and supporting documents, if any.
The computer generated copy of such order be self attested by the petitioner (party concerned) along with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked. The authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
With the aforesaid direction the writ petition is disposed of.
Order Date :- 7.1.2021 Pravin