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2025 DAILYLAW 192973 (ALL)

PRADEEP KUMAR TRIPATHI v. STATE OF U.P. AND 3 OTHERS

WRIA/14950/2025 · 2025-10-12

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14950 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Jaswant Rai, learned counsel for the petitioner and Sri Prashant Kumar Mishra, learned Standing Counsel, who appears for State- respondents. 2. A joint statement has been made by the counsel for the rival parties that they do not propose to file any further affidavit and the writ petition be decided on the basis of the documents available on record. With the consent of the parties, the writ petition is being decided at fresh stage. 3. The case of the writ petitioner is that the writ petitioner was appointed on 30.10.1991 in PAC and further he was transferred in various districts and he currently posted as Head Constable in 48th Battalion PAC, Sonbhadra. According to the writ petitioner, the writ petitioner has entitled to the first promotional scale and completion of the 14 years of satisfactory service according to the GO w.e.f. 30.10.2005 and according to the writ petitioner, there happens to be a circular of the respondents dated 08.11.1965 and also a Government order dated 02.12.2000, the writ petitioners had staked his claim for taking into consideration, the service while undergoing training as per circular dated 08.11.1965 in the service of the writ petitioner for the grant of promotional pay-scale, post completion of 14 years w.e.f. 30.05.2005 but the same was not considered so the writ petitioner in Writ-A No. 4603 of 2025 which came to be disposed on 11.04.2025 requiring the competent authority to decide the claim of the writ petitioner thereafter the writ petitioner preferred an application on 30.04.2025 which came to be rejected on 31.05.2025 by the Commandant 48th Battalion PAC Sonbhadra. 4. Questioning the said order, the present writ petition has been filed. Versus Counsel for Petitioner(s) : Jaswant Rai Counsel for Respondent(s) : C.S.C. Pradeep Kumar Tripathi .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 5. Learned counsel for the writ petitioner has submitted that the order impugned cannot be sustained for the simple reason that it does not take into account the law of the land, particularly, when the matter stands crystallized recently in the Special Appeal No. 172 of 2023 (State of U.P. and others v. Ram Jeet Tiwari and others) on 19.04.2023 against which the Special Leave to Appeal No. 15968 of 2023 which came to be dismissed. Learned counsel for the writ petitioner submits that the consideration which weighed with the fourth respondent are not legal, particularly, when the writ petitioner even in fact is entitled to the benefits, post completion of 14 years w.e.f. 30.10.2005. 6. Shri Prashant Kumar Mishra, learned Standing Counsel, who appears for State-respondents could not dispute the said fact, according to him, the matter needs to be revisited by the authority as the same has not been passed in terms of the judgment in the case of State of U.P. and others (supra). According to him, the order be set aside and the matter be remitted back to the authority to pass a fresh order. 7. To such a submission, the learned counsel for the writ petitioner has no objection and he gracefully accepts the same. 8. I have heard the submissions so made across the Bar and perused the record. 9. Accordingly, the writ petition is decided in the following terms: (a) The order dated 31.05.2025 passed by the respondent no. 4 is set aside. (b) The matter stands remitted back to the authority to pass a fresh order strictly in accordance with law. (c) For facilitation and early disposal, and the writ petitioner to prefer a comprehensive representation along with the self-attested copy of the writ petition before the fourth respondent who shall on the receipt of the same by 07.11.2025 the writ petitioner be put to notice to put forward its stand so as to enable him to take the grounds which are available under law including the judgment he seeks to rely and the competent authority shall pass a fresh order strictly in accordance with law within a period of three months from the production of a certified copy of this order. 10. With the aforesaid observations, this writ petition stands disposed of. October 13, 2025 WRIA No. 14950 of 2025 2 A. Prajapati WRIA No. 14950 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad