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2025 DAILYLAW 135129 (ALL)

KAMLESH CHANDRA AWASTHI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

WRIA/4280/2025 · 2025-04-28

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24136 Court No. - 18 Case :- WRIT - A No. - 4280 of 2025 Petitioner :- Kamlesh Chandra Awasthi Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Mewa Ram Satyarthi,Deepshikha Sharma Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned Standing Counsel for the State. By this petition, the petitioner who was appointed in the police department on 10.12.1984 and completed satisfactory service of 19 years on 30.11.2008 seeks a writ of mandamus directing the opposite party to take into consideration the service period spent by the petitioner while undergoing training before he was appointed as constable for calculating 19 years of service for granting one additional increment as per G.O. dated 2.12.2000 with a further direction to the respondent authority to calculate service period of the petitioner from the date of appointment and grant one additional increment in the light of judgment of this Court in the case of Ghanshyam Tiwari vs. State of U.P. & others passed in Civil Misc. Writ Petition No. 44330 of 2012 which was followed in the judgment of Virendra Kumar and another v. State of U.P. & 3 Others, Writ - A No. 48601 of 2015 against which Special Appeal (Defective) No. 538 of 2016 came to be dismissed on 07.09.2016 so also the Special Leave Petition CC 6316 of 2017 came to be dismissed on 03.04.2017. Learned counsel appearing for petitioner submits that this legal position has remained intact as on date and many such employees as petitioners have been accorded benefit. He has also placed before the Court recent order of this Court passed in the case of Radhe Shyam Yadav & 4 Others v. State of U.P. & 6 Others, Writ - A No. 6753 of 2023. Learned Standing Counsel could not dispute the aforesaid legal position. In view of the above, this petition stands disposed of with a direction that the petitioner is required to move his representation along with the certified copy of this order and in the event representation is made, petitioner's claim shall be considered and disposed of in terms of the judgment of Ghanshyam Tiwari (supra) by passing appropriate orders within a period of two weeks of receipt of fresh representation. Order Date :- 28.4.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench