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2025 DAILYLAW 12556 (ALL)

MD. PARVEZ KHAN AND 67 OTHERS v. STATE OF U.P. AND 2 OTHERS

WRIA/1095/2025 · 2025-01-27

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13862 Court No. - 7 Case :- WRIT - A No. - 1095 of 2025 Petitioner :- Md. Parvez Khan And 67 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Kumar Pandey,Vidya Nath Shukla Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioners and learned Standing Counsel for the State respondents. 2. The present petition has been filed seeking the following reliefs:- "a. Issue a writ, order or direction in the nature of mandamus directing to the respondent authorities to take into consideration the service period spent by the petitioners, while undergoing training before they were appointed as constables for calculating 19 years of service for granting 01 additional increment/selection grade according to the Government Order dated 02.12.2000. b. Issue a writ, order or direction in the nature of mandamus directing to the respondents to calculate the service period of the petitioners from the date of appointment and granted one additional increment." 3. The present writ petition has been preferred by the petitioners who are Sub Inspectors seeking parity to the judgment and order passed in Civil Misc. Writ Petition No. 44330 of 2012 (Ghanshyam Tiwari & Others versus State of U.P. & Others) wherein the case of the petitioners were found justified for extending the benefit of one additional increment after completion of 19 years of service to all those who completed till 30.11.2008. 4. By bare perusal of the records appended to the petition, it is crystal clear that all the petitioners were appointed before 1989 and as such, all the petitioners are covered under the guidelines issued in pursuance to the Government Order dated 04.05.2010 which is appended to the petition as Annexure No. 3. 5. Per contra, learned Standing Counsel did not dispute the judgement dated 07.09.2012 passed in Civil Misc. Writ Petition No. 44330 of 2012 (Ghanshyam Tiwari & Others versus State of U.P. & Others) along with similar petition which is Writ A No. 6429 of 2018 (Dinesh Kumar Shukla and 14 Others versus State of U.P. And 6 Others) which was decided on 22.02.2018. The order dated 22.02.2018 has been put under challenge before the Intra Court Appeal under Chapter VIII Rules 5 of this Court and the same has been decided vide judgment and order dated 07.09.2016 wherein the claim of the petitioners were held justified in pursuance to the judgment and order dated 07.09.2012 passed in Civil Misc. Writ Petition No. 44330 of 2012 (Ghanshyam Tiwari & Others versus State of U.P. & Others). 6. In view of the aforesaid facts and circumstances and in light of the above mentioned judgments, the claim of the petitioners are squarely covered with the earlier verdicts given by this Court. 7. The respondent no. 3 is hereby directed to count the training period of the petitioners for the purpose of extending one additional increment, strictly in accordance with Government Order dated 04.05.2010. 8. The writ petition stands allowed accordingly. Order Date :- 27.1.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad