Chandresh Upadhyay vs State Of U.P.& Another
2013 Latest Caselaw 3632 ALL

Citation : 2013 Latest Caselaw 3632 ALL
Judgement Date : 3 July, 2013

Allahabad High Court

Chandresh Upadhyay vs State Of U.P.& Another on 3 July, 2013

Bench: V.K. Shukla




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 
Case :- WRIT - A No. - 35237 of 2013
 
Petitioner :- Chandresh Upadhyay
 
Respondent :- State Of U.P.& Another
 
Counsel for Petitioner :- Vijay Gautam
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble V.K. Shukla,J.

In the present case, petitioner's contention has been 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 petitioners. The writ petition is allowed with a direction to the respondents to count the training period of the petitioners 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 21.07.2011, 22.12.2011 and 17.03.2012. 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 :- 3.7.2013

Dhruv