Ram Lakhan Singh And 7 Others vs State Of U.P. And 6 Others
2022 Latest Caselaw 20065 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 19386 of 2022
 

 
Petitioner :- Ram Lakhan Singh And 7 Others
 
Respondent :- State Of U.P. And 6 Others
 
Counsel for Petitioner :- Atipriya Gautam,Rishabh Kesarwani
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

1. Heard Sri Vijay Gautam, learned Senior Advocate assisted by Ms. Atipriya Gautam, learned counsel for petitioners and learned Standing Counsel for State-Respondents.

2. By means of present writ petition petitioners have sought following reliefs:

"a) issue, a writ, order or direction, in the nature of mandamus, directing the Respondents, to add the earlier service period of Indian Army, in the present service of the petitioners in the UP Police Department, in accordance with law.

b) issue, a writ, order or direction, in the nature of mandamus, directing the Respondents, to Re-fix the salary of the petitioners after adding the previous service rendered by the petitioners in Indian Army.

c) issue, a writ, order or direction, in the nature of mandamus, directing the Respondents, to Re-fix the salary of the petitioners as on date of their appointment as Constable in Civil Police, by protecting the salary received by the petitioners as Ex-Serviceman at the time of discharge from Indian Army, within a period to be specified by this Hon'ble Court.

d) issue, a writ, order or direction, in the nature of mandamus, directing the Respondents, to pay the arrears of the petitioners' salary from the date of their initial appointment till date in accordance with the salary as Re-fix under prayer No. (C), within a period to be specified by this Hon'ble High Court."

3. Learned Senior Advocate appearing for petitioners, fairly submits that there are certain Government Orders as well as judgment passed by this Court in Writ-A No. 32139 of 2007 (Hans Nath Dwivedi vs. State of U.P. and others), decided on 21.10.2020 which favours the claim of petitioners. He, therefore, submits that the writ petition be disposed of with liberty to petitioners to file a detailed representation before appropriate authority within three weeks from today and he may be directed to decide the same in accordance with law, expeditiously.

4. In view of above, without entering into merit of the case, the writ petition is disposed off with a direction that in case a representation is filed by petitioners raising their grievance, the same shall be considered and decided by concerned authority, in accordance with law, expeditiously.

Order Date :- 6.12.2022

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