Const. Shyam Singh and Another vs The State of U.P. and Others

Rajes Kumar, J.—Heard learned Counsel for the Petitioners and the learned Standing Counsel.

With the consent of the parties, the writ petition is being finally disposed of.

The sole grievance raised in the present petition is as to whether the period spent on training prior to appointment as a Constable in the Police Department can be counted for granting them promotional pay scale.

Learned Standing Counsel appearing for the Respondents states that it is for the Petitioners to apprise the department of the aforesaid facts through a representation and in case such a representation is filed, the same shall be decided expeditiously.

This issue was examined by this Court in Writ Petition No. 24910 of 2006 and the petition was allowed on 8th April, 2009 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.

The similar view has been taken by this Court in Writ Petition No. 71664 of 2010.

This petition is, accordingly, disposed of with the observation that in the event the Petitioners file a representation for counting the training period of the Petitioners for the purposes of granting second promotional pay scale within two weeks from today along with the certified copy of this order before the competent authority, the same shall be decided within three weeks thereafter in the light of the judgment and order dated 8th April, 2009 passed in the aforesaid Writ Petition No. 24910 of 2006.