MANOJ KUMAR RAI (S.I.) AND 6 OTHERS v. STATE OF U.P. AND 6 OTHERS
WRIA/19932/2024 · 2025-07-28
Ajit Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 110875 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 110875 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:126841 Court No. - 4 Case :- WRIT - A No. - 19932 of 2024 Petitioner :- Manoj Kumar Rai (S.I.) And 6 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Jaswant Rai Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Manoj Kumar Rai and 6 others are before this Court for issuance of a writ, order or direction in the nature of mandamus directing the respondent authority to take into consideration the service period spent by them while undergoing training before they were appointed as Constable for calculating 19 years of service for granting one additional increment according to the Government
order dated 2.12.2000, and to calculate their service period from the date of appointment and grant one additional increment. At the very outset, learned counsel for the parties agree that the controversy involved in the present case is squarely covered by the decision of this Court dated 7.9.2012 passed by the Hon'ble Single Judge in Writ - A No. 44330 of 2012 (Ghanshyam Tiwari & others vs. State of U.P. & others). The order dated 7.9.2012 is quoted as under:-
"The sole grievance raised of the petitioners 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. I have heard Shri Rajesh Singh, learned counsel for the petitioners. 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." 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 deserves
to be allowed and is allowed. The respondents shall count the training period of the petitioners for the purposes of granting second promotional pay scale." Following the order passed in Ghanshyam Tiwari's case (supra), the writ petition is also allowed and the respondents are directed to count the training period of the petitioners for the purposes of granting one additional increment.
Order Date :- 29.7.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad