Shambu Pratap Chand vs State Of U.P. Thru. Prin. ...
2017 Latest Caselaw 3117 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

Court No. - 2									A.F.R.
 
										RESERVED
 
Case :- SERVICE BENCH No. - 12943 of 2017
 
Petitioner :- Shambu Pratap Chand
 
Respondent :- State Of U.P. through Principal Secretary(Home),Civil Secretariat and others
 
Counsel for Petitioner :- Siddhartha Srivastava
 
Counsel for Respondent :- C.S.C.
 
Hon'ble Shri Narayan Shukla,J.

Hon'ble Virendra Kumar-II,J.

(Delivered by Hon'ble Virendra Kumar-II, J.)

1. Heard Shri Siddhartha Srivastava, learned counsel for petitioner and Shri Shailesh Pathak, learned Standing Counsel for the State.

2. This writ petition has been instituted on behalf of the petitioner to issue a writ, order or direction in the nature of mandamus commanding the opposite party No.2 to issue directives for releasing the Training Allowance at the rate of 15% of his the then Basic Salary in favour of the petitioner during the period of his tenure from 03.11.2015 to 19.07.2016, while he was posted as Faculty Officer in the Police Training College, Sitapur and also for his nomination for D.T.S. Course.

3. It is pleaded that petitioner is currently working as Senior Prosecution Officer in the District and Sessions Court, Gonda. He is a Class-I officer belonging to the cadre of prosecution officers. The petitioner was transferred and posted as Faculty Officer vide order dated 18.08.2015 at Police Training College, Sitapur (hereinafter referred to as, 'College'). The petitioner taught cadets, who were taking training for the post of Sub Inspector in the aforesaid college from 09.11.2015 to 19.07.2016. The Director, Principals and Officers of the faculty posted in the police training colleges were provided training allowance equivalent to 15% of their basic salary over and above their gross salary. The petitioner has relied upon the Government Order dated 12.02.2015 in this regard. The petitioner requested the opposite party No.6 for grant of training allowance, but he was informed orally that he has not obtained the Direct Training Skill Course (hereinafter referred to as, 'D.T.S.'). The petitioner made representation before the Additional Director General (Training), Sitapur for requesting him to allow the petitioner to enroll himself into D.T.S. course at Uttar Pradesh Academy of Administration and Management (hereinafter referred to as, 'U.P.A.A.M.'), Lucknow.

4. It is further pleaded that Director General(Training) vide order dated 20.07.2016 nominated the petitioner for the D.T.S. course commencing from 08.08.2016 to 12.08.2016. The petitioner was transferred from the College to the District Gonda on the post of S.P.O. vide transfer order dated 30.06.2016. Again Additional Director (Law) vide order dated 05.08.2016 allowed the petitioner to enroll himself for D.T.S. course commencing from 08.08.2016 up to 12.08.2016 in U.P.A.A.M., Lucknow. The petitioner vide letter dated 06.08.2016 informed the Director General (Training) to make necessary arrangements in favour of the petitioner for participating in the D.T.S. course. The petitioner was not allowed by the Training Coordinator to join the D.T.S. course on 08.08.2016, informing him that some other person, namely, Shri Dinesh Kumar Singh, Deputy Superintendent of Police was nominated in his place.

5. It is further pleaded that the petitioner joined as S.P.O. at District Gonda and made representation dated 28.10.2016 to the opposite party No.2 for sanction of training allowance. The Additional Superintendent of Police (Training) vide letter dated 05.12.2016 submitted his representation to the Additional Director General (Training), College, Sitapur for appropriate action. The petitioner had also sent a reminder dated 04.03.2017 to the Director General (Training), State of Uttar Pradesh. The petitioner's grievance has not been redressed so far and the opposite parties have proved their inaction and lethargic conduct in respect of the petitioner. In this matter, their conduct is obnoxious, rude and discriminatory.

6. On the basis of above facts and circumstances, following reliefs have been sought:

"(i) Issue a writ, order or direction in the nature of mandamus commanding opposite party No.2 to issue necessary directives for releasing the Training Allowance at the rate of 15% of the then Basic Salary in favour of the petitioner for the tenure of 09.11.2015 to 19.07.2016 whereof the petitioner has worked as Faculty Officer in the Police Training College, Sitapur, in the interest of justice.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party No.2 to allow, nominate and make necessary arrangements for the petitioner to enroll himself in the D.T.S. Course commencing forthwith in near future, in the interest of justice.

(iii) Issue a writ, order or direction in the nature of mandamus commanding opposite parties to take an immediate action for ventilating the grievance of the petitioner, in the interest of justice."

7. We have perused the available record and counter affidavit filed on behalf of the opposite parties. It is pleaded in para-6 of the counter affidavit that sub para-5 of the Government Order dated 12.05.1999 provides that the training allowance is provided to the Director/ Principal and other officers of the department MOT/ DTS/ DOT, after training they would be provided with allowance. If officer has not obtained training within six months, he would not be provided training allowance. It is further pleaded that petitioner joined the training institute on 09.11.2015 and thereafter transferred to Gonda on 19.07.2016. The petitioner, during that period has not obtained training, therefore, petitioner is not entitled for the training allowance.

8. The opposite parties have also contended that the petitioner was nominated for training on 22.01.2016. The petitioner submitted his representation on 19.03.2016. This representation was sent on 19.04.2016 by Police Training Centre, U.P. The Additional Superintendent of Police (Training) sent a letter on 20.07.2016 for training of the petitioner and in pursuance of that letter the department sent a letter on 21.07.2016. In the meanwhile, the petitioner was transferred in the District Gonda and relieved from the said post. Therefore, due to his transfer he was not sent for training. It is also submitted that during working in the institute the petitioner had not obtained training of D.T.S., hence, the petitioner is not entitled for training allowance. The petitioner has not completed training within six months during the posting in the said institute.

9. It is not in dispute that vide order dated 18.10.2015 the petitioner was transferred from the District Gonda at P.T.C. Sitapur and on the basis of transfer order dated30.06.2016 the petitioner had handed over the charge on 19.07.2016 of the post at P.T.C., Sitapur and he was transferred at District Gonda, where he has admittedly joined on the post of S.P.O.

10. Vide report dated 08.08.2016 of Training Coordinator the petitioner was informed that on the basis of letter dated 03.08.2016 sent by Police Training Directorate, Uttar Pradesh, Shri Dinesh Kumar Singh, Deputy Superintendent of Police was nominated for the D.T.S. course commencing from 08.08.2016 up to 12.08.2016 for which, the petitioner was nominated vide letter dated 20.07.2016.

11. It is relevant to mention here that petitioner had joined on the post of S.P.O, Gonda after handing over the charge on 19.07.2016 at P.T.C., Sitapur. Only twelve persons were nominated for D.T.S. Course during the period 08.08.2016 up to 12.08.2016. The petitioner could not be inducted in this D.T.S. Course, because Police Training Directorate, Uttar Pradesh vide letter dated 03.08.2016 had nominated Shri Dinesh Kumar Singh, Deputy Superintendent of Police in his place.

12. From the perusal of above mentioned facts, it reveals that the petitioner, during his posting during the period from 09.11.2015 up to 19.07.2016, could not obtain training of D.T.S. Course, therefore, according to the Government Order dated 12.05.1999, he is not entitled to receive the training allowance, which was admissible being Faculty Member of P.T.C., Sitapur.

13. We have perused the Government Order dated 12.05.1999 also, which provides 15% allowance of the basic pay admissible to only those directors, principals or other faculty officers, who had obtained MOT or DTS or DOT training or those might have obtained this training within six months of their posting at training institute. There was a rider also that faculty officer would not be entitled for special pay, deputation pay or other allowances while they would receive training allowance.

14. It is pertinent to mention here that it is not pleaded by the petitioner that during his tenure or posting at P.T.C., he did not receive special pay, deputation pay or other allowance admissible to him according to terms and conditions of prosecution department. Therefore, according to the provisions of Government Order dated 12.05.1999, the petitioner was obliged to obtain training within six months after his posting at P.T.C., Sitapur. His representation was processed after his transfer from P.T.C., Sitapur vide transfer order dated 30.06.2016 and after handing over the charge on 19.07.2016 by him. In the meanwhile, another incumbent Shri Dinesh Kumar Singh was nominated in place of the petitioner.

15. Therefore, the petitioner never obtained D.T.S. training, hence, he is not entitled to receive training allowance during the period of his posting at Sitapur, i.e., from 09.11.2015 up to 19.07.2016.

16. In the above mentioned circumstances and on the basis of our above mentioned discussion, the writ petition devoid merit and is liable to be dismissed.

17. Dismissed accordingly.

Order Date :- 9.8.2017

Mustaqeem

(Virendra Kumar-II, J.)(Shri Narayan Shukla, J.)