Court No. - 5
Case :- WRIT - A No. - 14776 of 2021 Petitioner :- Pradeep Kumar Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhakar Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioners and Sri Vikram Bahadur Yadav, learned Standing Counsel.
This petition has been preferred seeking the following reliefs:-
"A. Issue a writ, order or direction in the nature of mandamus directing the respondents to prepare a correct and fair seniority list of the constables appointed on the substantive vacancy which was advertised in the year 2009 and issued them the correct badge number and remove the discrepancies occurred in the salary of the petitioners as per U.P. Government Servant Rules, 1991 and U.P. Police Constables and Head Constables Service Rules, 2008 (Amended time to time), with all consequential benefits because the petitioners are suffering monitory loss and their promotion would be effected adversely within a stipulated time framed by this Hon'ble Court."
The grievance of the petitioners is that although they were selected in 2009, on account of litigation which ensued, they came to be appointed on different dates and resultantly some of the batchmates are drawing a salary higher than that being paid to the petitioners. Additionally, they have raised an objection to the tentative seniority list which was published on 27 May 2021. Bearing in mind the nature of reliefs which are sought, the ends of justice would warrant the matter being disposed of at this stage subject to the individual petitioners making representations before the competent authority along with all requisite details in respect of their selection and challenge to the seniority list and rights being reserved to the competent authority to deal with those representations in accordance with law.
Learned Standing Counsel appearing for the third respondent states that subject to each of the petitioners making individual representations along with all requisite particulars and details within a period of three weeks from today along with a duly authenticated copy of this order and all contentions on merits being kept open, the third respondent shall duly examine the same and a final decision shall be communicated with expedition and preferably within a period of four months therefrom. The statement so made is recorded and accepted.
The petition shall stand disposed of accordingly.
Order Date :- 25.10.2021 Mohit