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2025 DAILYLAW 12075 (ALL)

GAURAV KUMAR KASHYAP v. STATE OF U.P. AND 2 OTHERS

WRIA/1077/2025 · 2025-02-12

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21158 Court No. - 4 Case :- WRIT - A No. - 1077 of 2025 Petitioner :- Gaurav Kumar Kashyap Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kumar Beenu Singh,Neeraj Shukla Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard learned counsel for the parties and perused the records. By means of this petition filed under Article 226 of the Constitution, petitioner prays for a direction to the respondent No.- 2 to pay the withheld salary of the petitioner and also the dues of increment for the period between 26th May, 2017 and 29th September, 2020 during which period petitioner has remained suspended. It is submitted that upon acquittal in a criminal case on 17th September, 2019 by Additional Sessions Judge/ Special Judge (POCSO Act), Court No.- 8, Ghaziabad in Sessions Trial No.- 138 of 2017 arising out of Case Crime No.- 1027 of 2017 under Section 376 I.P.C. and Section 5/6 of POCSO Act, petitioner came to be reinstated on 28th July 2021. Thus, according to the petitioner, since petitioner has been acquitted from the charges leveled in the criminal case upon which he had been placed under suspension and now he has come to be reinstated, he is entitled to get benefit of entire pay scale which had been denied as well as the periodical increments and consequential increase of pay in the light of the judgment of this Court in the case of Anil Kumar Singh v. State of U.P. and others passed in Writ – A No.- 11555 of 2021 on 13th March, 2024. It transpires from the record that in above regard petitioner has already approached the authority vide representation dated 31st January, 2023 that can be directed to be disposed off in accordance with law in the light of the judgment as mentioned above. Learned Standing Counsel at this stage submits that petitioner may be directed to make a fresh representation annexing therewith a copy of the judgment of this Court in the case of Anil Kumar Singh (supra) before the respondent No.- 2 and that may be directed to be decided in accordance with law, may be in a time bound period. In view of the above, this petition stands disposed of with a direction to the petitioner to make a fresh representation with regard to the grievance raised by him annexing therewith a copy of the judgment of this Court in the case of Anil Kumar Singh (supra) and if he does so within a period of four weeks before the respondent No.-2, the same shall be considered and decided in accordance with law considering the observations made herein above and in the light of the judgment cited above. The appropriate decision shall be taken by the respondent No.- 2 within a maximum period of two months from the date of production of certified copy of this order. Order Date :- 13.2.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad