Court No. - 33
Case :- WRIT - A No. - 43401 of 2017 Petitioner :- H.C. Dayanath Rao And 2 Ors.
Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Amrit Raj Chaurasiya Counsel for Respondent :- C.S.C.
Hon'ble Alok Mathur,J.
Heard Sri Amrit Raj Chaurasiya, learned counsel for the petitioners as well as learned Standing Counsel for the respondents.
By means of this writ petition the petitioners are challenging the order dated 04.07.2017, whereby his claim for inclusion of period spent in training towards their service, has been denied.
The issue raised in this petition is no more res integra as the same stands concluded by this Court vide its judgment and order dated 09.05.2012, passed in Writ Petition No. 2175 (S/S) of 2012 - Head Constable Dinesh Kumar Mishra and Others Vs. State of U.P. and Others, as affirmed by the Division Bench of this Court on 20.01.2016 in Special Appeal Defective No. 715 of 2012.
In the light of above, the order dated 04.07.2017 passed by respondent no. 3 - Commandant 4th Battalion, P.A.C., Dhoomanganj, Allahabad is hereby quashed and the respondents are directed to count the period spent by the petitioners on training, towards their service, taking into consideration the judgment and order dated 09.05.2012, passed in Head Constable Dinesh Kumar Mishra (Supra), as affirmed by the Division Bench of this Court by means of judgment and order dated 20.01.2016, passed in Special Appeal Defective No. 715 of 2012.
With aforesaid the writ petition is allowed. Order Date :- 29.11.2019 A. Verma