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2025 DAILYLAW 136973 (ALL)

SANTOSH KUMAR KAITHAL v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 4 OTHERS

WRIA/4695/2025 · 2025-05-07

Karunesh Singh Pawar

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26742 Court No. - 18 Case :- WRIT - A No. - 4695 of 2025 Petitioner :- Santosh Kumar Kaithal Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 4 Others Counsel for Petitioner :- Durga Prasad Shukla,Vivek Mishra Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Written instructions provided by learned standing counsel are taken on record. Heard learned counsel for the petitioner and learned standing counsel for the State-respondent. By this petition, the petitioner has prayed for the following reliefs:- "i. Issue a writ, order or direction in the nature of Certiorari for quashing the impugned circular dated 22.12.2015 (Annexure 5 to the writ petition) passed by the Deputy Inspector General of Police (Establishment) U.P., whereby the candidates having been selected on the post of Sub-Inspector, would be made the payment of stipend during training period of Sub- Inspector in place of leave salary with allowances. ii. Issue a writ, order or direction in the nature of Mandamus directing the respondent authorities to pay the arrears of leave salary for the period admissible during the training period of Sub-Inspector (Civil Police) and Platoon Commanders with allowances in addition to stipend to the petitioner within stipulated period of time as fixed by this Hon'ble Court." Learned counsel for the petitioner submits that case of the petitioner is squarely covered by the judgment and order dated 08.09.2021 passed by this Court in Special Appeal No.169 of 2020 (Alok Kumar Singh vs. State of U.P. and others). It is submitted that the petitioner may also be granted the same benefit. Learned standing counsel could not dispute this fact. Perused the record. A perusal of the record shows that aforesaid judgment dated 08.09.2021 has been affirmed as the Special Leave Petition (C) No.798 of 2022 (State of Uttar Pradesh and others vs. Alok Kumar Singh) filed against the judgment and order dated 08.09.2021 has been dismissed by the Supreme Court vide its order dated 04.02.2022, these facts are not disputed by the State. In view of above, present petition is also allowed in terms of aforesaid judgment and order dated 08.09.2021. The necessary compliance of this order shall be carried out by the opposite parties within a period of three months from the date of receipt of certified copy of this order. Order Date :- 7.5.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench