Court No. - 30
Case :- WRIT - A No. - 15130 of 2019 Petitioner :- Komal Prasad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Atipriya Gautam,Vijay Gautam(Senior Adv.),Vinod Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard Sri Vijay Gautam, leaned Senior Counsel assisted by Sri Devesh Mishra and learned Standing Counsel for the respondents.
The present petition has been filed for issuing a writ, order or direction in the nature of mandamus, directing the respondents, to grant the third promotional pay scale/grade pay of Inspector (Grade Pay of Rs.4600/-) after calculating the training period, on account of completion of 26 years of services, and also to grant the increments & benefits of 7th Pay Commission (Revised Pay Scale) along with arrears, in view of the relevant Government Orders dated 21.7.2011, 17.3.2012, 5.11.2014, 3.3.2015 and 26.8.2015 with all consequential benefits.
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 just 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 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 Order dated 21.7.2011, 17.3.2012, 26.8.2015, 3.3.2015 and 5.11.2014.
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 :- 27.9.2019 Aditya