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2025 DAILYLAW 105719 (ALL)

PHOOL CHANDRA YADAV v. State of UP AND 3 OTHERS

WRIA/17024/2024 · 2025-01-31

Neeraj Tiwari

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14325 Court No. - 6 Case :- WRIT - A No. - 17024 of 2024 Petitioner :- Phool Chandra Yadav Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Himanshu Dubey,Shiv Babu Dubey Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J. 1. Heard learned counsel for the petitioner and learned standing counsel for State- respondents. 2. Present petition has been filed seeking following relief:- "i). Issue a writ, order or direction in the nature of mandamus directing to respondents to take into consideration the period spent by the petitioner, while under going training before they were appointed as Constable for calculating 24 years of service for granting second promotional pay-scale. ii). issue a writ, order or direction in the nature of mandamus to issue an ad interim mandamus directing the respondent authorities to pay the salary second promotional grade/pay-scale of Sub Inspector, in view of the relevant Government order." 3. Learned counsel for the petitioner submitted that present controversy has arisen and decided by co-ordinate Bench of this Court passed in Civil Misc. Writ Petition No.24910 of 2006 vide order dated 08.04.2009, therefore, petitioner also intends for same relief. 4. Learned counsel for respondents submitted that petitioner may be directed to file fresh representation. Further, in case any such representation is filed, the same shall be considered and decided at the earliest. 5. In view of the facts and circumstances of the case, the writ petition is disposed of with liberty to petitioner to move fresh representation along with certified copy of this order before respondent No. 4 within two weeks from today. In case any such representation is filed, respondent No. 4 is directed to decide the same in accordance with law maximum within a period of eight weeks thereafter. 6. It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No. 4 to pass order after considering the relevant Rules as well as facts of the case. Order Date :- 31.1.2025 Priya Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad