Court No. - 37
Case :- WRIT - A No. - 17565 of 2021 Petitioner :- Mam Chand Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Devesh Mishra,Rishabh Kesarwani Counsel for Respondent :- C.S.C.
Hon'ble Chandra Kumar Rai,J.
Heard Mr. Devesh Mishra, learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner has filed the present writ petition with the following reliefs:
"(a) Issue, 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 26/08/2015, 03/03/2015, 05/11/2014, 17/03/2012 & 21/07/2011, with all consequential benefits.
(b) Issue, a writ, order or direction, in the nature of mandamus, directing the Respondent Authorities, to pay the salary of Third Assured Career Progression (ACP), Pay Grade of Inspector Rs. 4600/-, (after calculating the training period) and also to grant the increments & benefits of 7th Pay Commission (Revised Pay Scale) along with arrears, in view of the relevant Government Order dated 26/08/2015, 03/03/2015, 05/11/2014, 17/03/2012 & 21/07/2011, along with arrears."
The 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/-. Learned counsel for the petitioner further states that similar issue had been examined by this Court in Writ Petition No. 24910 of 2006 (Constable88C.P.Lal Babu Shukla & Others Vs. State of Uttar Pradesh & Others) as well as Writ-A No. 12992 of 2021 (Ramesh Chandra Gautam Vs. State of U.P. & Others).
The order passed in Writ- A No. 12992 of 2021 is as follows:
"Heard 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 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 order 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 21.7.2011, 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 copy of this order downloaded from the official website of Allahabad High Court.
Writ petition stands disposed of accordingly"
In view of the facts and circumstances mentioned above, 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 three months from the date of receipt of certified copy of this order.
The writ petition stands disposed of accordingly.
Order Date :- 17.12.2021 Rameez