Pno 910830041 S.I. Civil Police ... vs State Of U.P Thru. Addl. Chief ...
2023 Latest Caselaw 13899 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 

 
Case :- WRIT - A No. - 3253 of 2023
 

 
Petitioner :- Pno 910830041 S.I. Civil Police Sukhraj
 
Respondent :- State Of U.P Thru. Addl. Chief Secy. Deptt. Of Home, Lko. And Others
 
Counsel for Petitioner :- Vyas Narayan Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel appearing for the petitioner and learned Additional Chief Standing Counsel appearing for the State.

2. Present petition under Article 226 of the Constitution of India has been filed for a writ of mandamus commanding the respondents to consider the case of the petitioner in respect of payment of salary from the date, when the petitioner was notionally promoted on the post of Sub Inspector in pursuance to the para 7 of the Government Order.

3. The petitioner was initially appointed on the post of Constable in Civil Police on 01.04.1991. The petitioner was implicated in a criminal case registered at Case Crime No.2 of 2006 under Sections 304, 342 IPC, 3(2)(v) S.C./S.T. Act in the year 2006 Police Station Thairoi, District Allahabad (Now Prayagraj). The petitioner has been acquitted giving him benefit of doubt by the trial court vide judgment and order dated 04.08.2018. The petitioner in the meantime, appeared in the examination conducted for the post of Sub Inspector through Rankers examination. It appears that the petitioner was successful in the said examination but he could not be promoted because of pending criminal trial against him. After the petitioner has been acquitted giving him benefit of doubt, now the petitioner has been promoted notionally from the date, when other persons who were selected in pursuance to the Rankers Examination 2012, were promoted.

4. Now, the petitioner has come before this Court for payment of salary for the post of Sub Inspector from the date of his notional promotion. The petitioner has never worked on the said post till he got acquitted and the promotion order was issued. Once the case has come to an end and the petitioner has been acquitted though giving the benefit of doubt, the petitioner has been given notional promotion but petitioner is not entitled for payment of salary from the date, when he was notionally promoted.

5. I find no substance in the petition, which is hereby dismissed.

(Dinesh Kumar Singh, J.)

Order Date :- 2.5.2023

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