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2025 DAILYLAW 155117 (ALL)

PRASHANT KUMAR AND 70 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS

WRIA/8535/2025 · 2025-07-31

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44445 Court No. - 18 Case :- WRIT - A No. - 8535 of 2025 Petitioner :- Prashant Kumar And 70 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Petitioner :- Pushpendra Kumar Sharma Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioners, learned State Counsel for opposite parties. 2. Petition has been filed seeking a direction to opposite parties for taking into consideration and count the period spent by petitioner while they were on training before their posting as Constables for the purpose of calculating their promotional pay- scale.. Further prayer for refixing the pay/increment of petitioners from 1.7.2022 instead of 1.1.2023 and release the amount recovered from salary of petitioners in pursuance to Part VII, Point No. 24 (1) of U.P. Police Constable and Head Constable Service Rules, 2015 dated 2.12.2015 as well as in pursuance of Government Order dated 22.12.2016. 3. Learned counsel for the petitioners submits that the controversy involved in the present case is squarely covered by a judgment dated 23.2.2012 passed by this Court in writ petition No.1444 (SS) of 2012 "HC Kalika Singh & 15 Ors. vs. State of U.P. & Ors.", relevant portion of the same is herein below:- "This issue was examined by this Court in Writ Petition No. 24910 of 2006 and the petition was allowed with the following observations:- "Thus, for the reasons stated above, the respondents are not justified in not counting the period spent in training for the purposes of calculating 24 years of service for grant of promotional pay scale to the petitioners. The writ petition is allowed with a direction to the respondents to count the training period of the petitioners for the purposes of granting second promotional pay scale." Thus, for the reasons stated in the judgment and order dated 8th April, 2009 passed in the aforesaid Writ Petition No. 24910 of 2006, this petition deserves to be allowed and is allowed. The respondents shall count the training period of the petitioners for the purposes of granting second promotional pay scale." 4. Accordingly, learned counsel for the petitioners further submits that the same benefit may be given to the present petitioners also. 5. For the foregoing reasons, writ petition is disposed of with the direction in view of the reasoning stated in the judgment and order dated 8th April, 2009 passed in the aforesaid Writ Petition No. 24910 of 2006, this petition deserves to be allowed and is allowed. The respondents shall count the training period of the petitioners for the purposes of granting second promotional pay scale. Order Date :- 31.7.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench