Court No. - 34
Case :- WRIT - A No. - 7318 of 2021 Petitioner :- Dharm Raj Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shiv Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for parties.
The claim of the petitioner is for revision and re-fixation of pay by including the services rendered by him in the Armed Forces prior to joining the U.P. Police. That claim rests on a decision rendered by a learned Judge in Hari Chand And 11 Others Vs. State of U.P. And 5 Others [Writ -A No. -36642 of 2015, decided on 23 August 2016], in which the following observations came to be made:
"A perusal of the paragraph no.2 clearly indicates that it has been decided that the previous service of ex-Army men would be added as per Regulation 410 of the Police Regulations and Regulation 422 and 526 of the Civil Service Regulations. The later part of the Office Order refers to the Government Order dated 05.11.2014 which states that as per the said Government Order, for benefit of ACP scheme, the past services of ex-army men would not be considered, however, they are entitled for grant of Time scale by counting the past services rendered by them in Army as per Regulation 410 read with Article 526 and 422 of Civil Service Regulations. It appears that so far as the ACP scheme is concerned, since they have not rendered service in the same department or in the same cadre, their past services cannot be considered for grant of ACP scheme as per the Government order dated 22.12.2011. The claim of the petitioners herein was for grant of the Time scale and not for grant of ACP scheme. It appears that while considering the prayer of the petitioners, the Government order dated 20.08.2004 and 05.11.2014 have been misinterpreted."
Sri Piyush Shukla, learned Standing Counsel appearing for the third respondent states that the claim of the petitioner as noticed above, shall be duly examined and disposed of in accordance with law and a final decision communicated with expedition and preferably within a period of three months from the date of presentation of a duly authenticated copy of this order. The statement so made is recorded and accepted.
Petition stands disposed of.
Order Date :- 28.7.2021/Arun K. Singh (Yashwant Varma, J.)