Amar Nath vs State Of U.P. And 4 Others
2023 Latest Caselaw 5698 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- WRIT - A No. - 3286 of 2023
 

 
Petitioner :- Amar Nath
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Atipriya Gautam,Rishabh Kesarwani,Sr. Advocate
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saral Srivastava,J.

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

2. By means of present writ petition, petitioner has 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 petitioner 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 petitioner after adding the previous service rendered by the petitioner 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 petitioner as on date of his appointment as Constable in Civil Police, by protecting the salary received by the petitioner 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 petitioner's salary from the date of his 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 petitioner, 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 petitioner. He, therefore, submits that the writ petition be disposed of with liberty to petitioner 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 of with a direction that in case a representation is filed by petitioner raising his grievance, the same shall be considered and decided by concerned authority, in accordance with law, expeditiously.

Order Date :- 21.2.2023

R.S. Tiwari