Uttarakhand High Court
State Of Uttarakhand And Others ...... ... vs Chandra Shekhar Kandpal & Others on 5 March, 2024
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
AND
HON'BLE MR. JUSTICE RAKESH THAPLIYAL
SPECIAL APPEAL NO.587 OF 2019
State of Uttarakhand and others ...... Appellants
Versus
Chandra Shekhar Kandpal & others ...... Respondents
with
SPECIAL APPEAL NO.572 OF 2019
State of Uttarakhand and others ...... Appellants
Versus
Nandan Singh & others ...... Respondents
with
SPECIAL APPEAL NO.573 OF 2019
State of Uttarakhand and others ...... Appellants
Versus
Bahadur Ram Arya & others ...... Respondents
with
SPECIAL APPEAL NO.574 OF 2019
State of Uttarakhand and others ...... Appellants
Versus
Bhupal Singh Bhandari & others ...... Respondents
with
SPECIAL APPEAL NO.580 OF 2019
State of Uttarakhand and others ...... Appellants
Versus
Banshidhar Joshi & others ...... Respondents
with
SPECIAL APPEAL NO.593 OF 2019
State of Uttarakhand and others ...... Appellants
2
Versus
Hoshiyar Singh & others ...... Respondents
with
SPECIAL APPEAL NO.596 OF 2019
State of Uttarakhand and others ...... Appellants
Versus
Ranjeet Singh & others ...... Respondents
with
SPECIAL APPEAL NO.597 OF 2019
State of Uttarakhand and others ...... Appellants
Versus
Jaswant Singh Rawat & others ...... Respondents
with
SPECIAL APPEAL NO.598 OF 2019
State of Uttarakhand and others ...... Appellants
Versus
Chandan Singh & others ...... Respondents
Counsel for the appellant/State : Mr. K.N. Joshi, learned Deputy
Advocate General.
Counsel for the respondents : Mr. Kurban Ali, learned counsel
JUDGMENT:
(per Hon'ble The Chief Justice Ms. Ritu Bahri)
Heard learned counsel for the parties.
2) By filing IA No.7423 of 2023 in SPA No.573
of 2019, IA No.7430 of 2023 in SPA No.574 of 2019,
IA No.7585 of 2023 in SPA No.580 of 2019 and IA
No.7795 of 2023, in SPA No.596 of 2019, the
appellant/State seeks to bring on record the legal
representatives of the deceased respondent/writ
petitioner (s). For the reasons mentioned in these
applications, the same are allowed. The legal
representatives of the deceased respondent/writ
petitioner (s), in the above mentioned substitution
applications, are brought on record.
3. The State has come up in the appeal
against the order dated 12.02.2018, whereby the
writ petition filed by the respondents has been
allowed in terms of the judgment passed in Writ
Petition (S/S) No.1466 of 2011, decided on
03.07.2013.
4. A perusal of this judgment shows that the
petitioners in that case were the Head Constables,
and they were claiming the benefits of the training
period to be counted for the grant of higher pay
scale. They have relied upon the Circular dated
08.11.1965, issued by U.P. Police Headquarter,
Allahabad, and as per this Circular, only the benefit
of increment could not be taken by the petitioners
for the training period, but for the rest of the
benefits, the Circular supported them. This Circular
was also followed by the Allahabad High Court in
Civil Misc. Writ Petition No.24910 of 2006. These
facts are not disputed by the learned counsel for the
State/appellant.
5. Since the matter is already covered in
favour of the respondents as per the judgment of the
Allahabad High Court in Civil Misc. Writ Petition
No.24910 of 2006, no case is made out to interfere
in the review order as well as the judgment of the
learned Single Judge dated 12.02.2018.
6. The special appeals are dismissed.
_______________
RITU BAHRI, C.J.
________________
RAKESH THAPLIYAL, J.
Dt: 05th MARCH, 2024
NR/
