Citation : 2023 Latest Caselaw 36458 ALL
Judgement Date : 22 December, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:85512 Court No. - 20 Case :- WRIT - A No. - 10141 of 2023 Petitioner :- Dharmendra Kumar And 14 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Affairs U.P. Sectt. Lko And 4 Others Counsel for Petitioner :- Pramod Kumar Chaudhary Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.
1. Heard learned counsel for the petitioners and learned Standing Counsel for the State respondents.
2. By means of this writ petition filed under Article 226 of the Constitution, the petitioner has prayed for a writ of mandamus to the respondents to add service period of petitioner spent in army prior to the appointment in the police department.
3. Learned counsel for the petitioner submits that in the above regard the petitioner has already represented the matter before the competent authority on 29.12.2021 which has not been disposed of till date.
4. Learned counsel for the petitioner submits that petitioner's service rendered in the army establishment of Government of India is required to be added in the light of two judgments of this Court, firstly in the case of Hari Chand and others v. State of U.P. and others passed in Writ - A No.- 36642 of 2015 on 23rd August, 2016 and secondly in the case of Bimal Kumar Singh and others v. State of U.P. and others passed in Writ-A No.- 12064 of 2021 on 1st November, 2021.
5. Learned Standing Counsel has no objection in the event if a direction is issued to the competent authority for disposal of the claim of the petitioner strictly in accordance with law.
6. In view of the above, this petition stands disposed of with a direction to the petitioner to make a fresh comprehensive representation for the purposes of relief claimed for before the competent authority, namely, respondent No.- 4 within a period of three weeks from today and it is further provided that in the event any such representation is made before the respondent No.- 4, he shall look into and consider the grievance of the petitioner in the light of the relevant Law, Rule and the Act and pass appropriate reasoned and speaking order strictly in accordance with law preferably within a period of three months from the date of production of a certified copy of this order.
Order Date :- 22.12.2023
Satish
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