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2025 DAILYLAW 127781 (ALL)

MAHMOOD ALAM AND 10 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

WRIA/2743/2025 · 2025-03-10

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14419 Court No. - 6 Case :- WRIT - A No. - 2743 of 2025 Petitioner :- Mahmood Alam And 10 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Dinesh Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Dinesh Kumar Srivastava, learned counsel for the petitioners and the Chief Standing counsel for the respondents. 2. It has been submitted that the petitioners were appointed as Constables in Civil Police between June to August, 1989 and claim that they are entitled for one extra increment on completion of 19 years of services as per the Government Order dated 2.12.2000 looking to the fact that the respondents did not grant them the said increment, a prayer has been made for a direction to the respondents to decide the representation in this regard. 3. Learned Chief Standing counsel, on the other hand, has opposed the writ petition. He submits that the prayer is highly time barred in as much the additional increment became admissible to the petitioners sometime in 2008 and present writ petition has been filed after more than 13 years. There is no averment in the writ petition as to why the petitioners did not approach this Court previously. 4. Considering the rival contentions, it is noticed that the petitioners are claiming benefit of the government Order dated 2.12.2000 for grant of an additional increment which is admissible to the police Constables after 19 years of services. It has been stated that the respondents could not take into account the period spent on training for calculating the period of 19 years and the respondents having not passed any order in this regard have acted in a most illegal and arbitrary manner. On the other hand, we find that the present writ petition is highly time barred and there is no explanation for the delay in approaching this Court after 19 years. While, on the other hand, we find that the petitioners are fully eligible and entitled to claim the said benefit of additional increment. 5. Accordingly, the petition is disposed of with a direction to opposite party No.3 i.e. Deputy Inspector General of Police (Establishment), Police Headquarters, Lucknow to consider and decide the representation of the petitioner dated 14.2.2025, as contained in Annexure 5 to the writ petition, expeditiously, preferably within six weeks from the date a certified copy of this order is placed before him. 6. In case, the application for grant of additional increment is allowed and it is found that the petitioners are entitled to the said benefit, the payment shall be made to them expeditiously but not later than four weeks from the date the application is allowed. (Alok Mathur, J.) Order Date :- 10.3.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench