Hoshiyar Singh vs State Of U.P. And 2 Ors.
2021 Latest Caselaw 2555 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 22876 of 2017
 

 
Petitioner :- Hoshiyar Singh
 
Respondent :- State Of U.P. And 2 Ors.
 
Counsel for Petitioner :- Nisheeth Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ashwani Kumar Mishra,J.

Petitioner was appointed as Constable on 01.03.1989. He has approached this Court with the grievance that benefit of second promotional pay scale, although was admissible to him, yet the competent authority has declined such benefit on account of pendency of Case Crime No. 261 of 2004, under Sections 342, 120-B, 302 I.P.C.

It is stated that the proceedings have remained pending for more than one year and, therefore, by virtue of para 10 of the Government Order dated 28.05.1997, the petitioner's claim for grant of promotional pay scale was liable to have been considered, which has not been done. It is also urged that along with the petitioner certain other persons; namely Virendra Kumar and Sukhrendra Singh, were also implicated, who have already been granted benefit of second promotional pay scale but the same benefit has been denied to the petitioner. It is also stated that certain other persons, implicated in the same case, have also been granted promotion on the post of Inspector. Reliance has been placed upon the judgment of the Hon'ble Supreme Court in Union of India vs. K.V. Janki Raman and others; 1991(4) SCC 109 to submit that denial of promotional pay scale in the facts and circumstances of the present case is wholly arbitrary.

Learned Standing Counsel on the other hand submits that the facts will have to be investigated in terms of para 10 of the Government Order dated 28.05.1997 as well as Government Order dated 30.06.1993 and only if the petitioner is not found responsible for causing any delay in criminal proceedings then only consideration can be offered in terms of the applicable government orders.

The order impugned in the writ petition is merely an endorsement on the application filed by the petitioner for grant of second promotional pay scale. It does not contain any reason. This order, therefore, cannot be said to be an order passed upon due application of mind to the relevant facts, as are found relevant in terms of para 10 of the Government Order dated 28.05.1997 as well as Government Order dated 30.06.1993.

This petition, therefore, stands disposed of with the direction upon the respondent no. 3 to accord consideration to the petitioner's claim, for grant of second promotional pay scale in terms of the above observation, by passing a reasoned order within a period of three months from the date of presentation of the copy of this order.

The question, whether petitioner's services are satisfactory in terms of the relevant government orders, is an aspect, which is open for consideration by the authorities concerned in accordance with law.

Order Date :- 18.2.2021

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