Chandra Prakash And 4 Others vs State Of U.P. And 4 Others
2021 Latest Caselaw 2982 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 2646 of 2021
 

 
Petitioner :- Chandra Prakash And 4 Others
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Irfan Ahmad Malik
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Yashwant Varma,J.

Heard learned counsel for the petitioners and Sri Piyush Shukla, the learned Additional Chief Standing Counsel for the State-respondents.

The instant writ petition has been preferred seeking 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 of Inspector (Grade Pay of Rs.4600/-) to the petitioners, after calculating the training period, on account of completion of 26 years of services, 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/-, to the petitioners, (after calculating the training period) and also to grant increments & benefits of revised Pay scale along with arears, in view of the relevant Government Orders dated 26.08/2015, 03/03/2015, 05/11/2014, 17/03/2012 & 21/07/2011, along with arrears."

The claim itself is based on the judgment rendered by the Court in Civil Misc. Writ Petition No. 24910 of 2006 (Constable 88 C.P. Lal Babu Shukla & Others Vs. State of U.P. and Others), which was followed by the issuance of Government Order dated 21 July 2011 in terms of which, it is contended that the respondents took a principled decision to include the training period for the purposes of fixation of pay scale and grant of promotional pay scale.

Sri Piyush Shukla, the learned Additional Chief Standing Counsel representing the respondents states that subject to verification of all facts and contentions on merits being kept open, in case the petitioners approach the competent authority by way of a detailed representation in support of their claim within a period of two weeks from today, the same shall be evaluated in accordance with law and disposed of with expedition. The statement so made is recorded and accepted.

Petition stands disposed of.

Order Date :- 23.2.2021

Arun K. Singh

(Yashwant Varma, J.)