Shamsher Bahadur Singh Pno No. ... vs State Of U.P Thru. Prin. Secy. ...
2023 Latest Caselaw 28643 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:67000
 
Court No. - 20
 

 
Case :- WRIT - A No. - 8006 of 2023
 

 
Petitioner :- Shamsher Bahadur Singh Pno No. 790650081 And Another
 
Respondent :- State Of U.P Thru. Prin. Secy. Deptt. Home (Police Services) Govt. Civil Secrt. Lko. And 5 Others
 
Counsel for Petitioner :- Rishi Raj,Narayan Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

1. The sole grievance raised of the petitioners in the present petition is as to whether the period spent on training prior to appointment as Sub-Inspector, Armed Police/Platoon Commander (PAC) in the Police Department can be counted for granting them seniority and other consequential service benefits.

2. Heard learned counsel for petitioners and learned State Counsel for opposite parties.

3. This issue was examined by this Court in Writ Petition No. 24910 of 2006 and the petition was allowed with the following observations:-

"Thus, for the reasons stated above, the respondents are not justified in not counting the period spent in training for the purposes of calculating 24 years of service for grant of promotional pay scale to the petitioners. The writ petition is allowed with a direction to the respondents to count the training period of the petitioners for the purposes of granting second promotional pay scale."

4. The said judgment is clearly applicable in present facts and circumstances. Thus, for the reasons stated in the judgment and order dated 8th April, 2009 passed in the aforesaid Writ Petition No. 24910 of 2006, this petition is allowed. The respondents are directed to count the training period of petitioners prior to appointment as Sub-Inspector, Armed Police/Platoon Commander (PAC) in the Police Department for the purposes of seniority and other consequential service benefits and to refix the pay-scale and to grant arrears of salary and pension consequent to refixation. The said exercise shall be completed and benefits granted to petitioner within a period of four months from the date a certified copy of this order is produced before authority concerned.

Order Date :- 13.10.2023

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