Dilip Kumar Singh And 66 Others vs State Of U.P. And 2 Others
2023 Latest Caselaw 10656 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - A No. - 5766 of 2023
 

 
Petitioner :- Dilip Kumar Singh And 66 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Rajesh Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Srivastava,J.

Heard Shri Rajesh Singh, learned counsel for the petitioners and learned Standing Counsel for the State respondents.

The present petition has been filed seeking the following reliefs:-

"a. Issue a writ, order or direction in the nature of mandamus directing to the Respondent authority to take into consideration the service period spent by the petitioners, while undergoing training before they were appointed as constables for calculating 19 years of service for granting one additional increment according to the Government Order dated 02.12.2000.

b. Issue a writ, order or direction in the nature of mandamus directing to the respondent to calculate the service period of the petitioners from the date of appointment and granted one additional increment."

The present writ petition has been preferred by certain Head Constables and Sub Inspectors who were seeking parity to the judgment and order passed in Civil Misc. Writ Petition No. 44330 of 2012 (Ghanshyam Tiwari & Others versus State of U.P. & Others) wherein the case of the petitioners were found justified for extending the benefit of one additional increment after completion of 19 years of service to all those who completed till 30.11.2008.

By bare perusal of the records appended to the petition, it is crystal clear that all the petitioners were appointed before 1989 and as such, all the petitioners are covered under the guidelines issued in pursuance to the Government Order dated 04.05.2010 which is appended to the petition as Annexure No. 3.

Per contra, learned Standing Counsel did not dispute the judgement dated 07.09.2012 passed in Civil Misc. Writ Petition No. 44330 of 2012 (Ghanshyam Tiwari & Others versus State of U.P. & Others) along with similar petition which is Writ A No. 6429 of 2018 (Dinesh Kumar Shukla and 14 Others versus State of U.P. And 6 Others) which was decided on 22.02.2018. The order dated 22.02.2018 has been put under challenge before the Intra Court Appeal under Chapter VIII Rules 5 of this Court and the same has been decided vide judgment and order dated 07.09.2016 wherein the claim of the petitioners were held justified in pursuance to the judgment and order dated 07.09.2012 passed in Civil Misc. Writ Petition No. 44330 of 2012 (Ghanshyam Tiwari & Others versus State of U.P. & Others).

In view of the aforesaid facts and circumstances and in light of the above mentioned judgments, the claim of the petitioners are squarely covered with the earlier verdicts given by this Court.

The respondent no. 3 is hereby directed to count the training period of the petitioners for the purpose of extending one additional increment, strictly in accordance with Government Order dated 04.05.2010.

The writ petition stands allowed accordingly.

Order Date :- 11.4.2023

SY