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2009 Supreme(All) 1231

DILIP GUPTA
CONS. 88 C. P. LAL BABU SHUKLA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
R.K. Tripathi, Dinesh Mishra and K.K. Mishra for the Petitioners; C.S.C. and Pankaj Rai for the Respondents.

JUDGMENT

Hon’ble Dilip Gupta, J.—The sole grievance raised in the present petition is as to whether the period spent on training prior to appointment as a Constable in the Police Department can be counted for granting them promotional pay scale.

2. The petitioners were appointed as Constables in the Civil Police on 16th August, 1981 after undergoing training. The Government Order dated 3rd September, 2001 provides that such persons who have completed 24 years of regular and satisfactory service shall be entitled to get promotional pay scale of Rs. 5500-175-9000.

3. The dispute, as noticed hereinabove, in the present petition is as to whether the period spent by the petitioners while undergoing the training prior to their appointment can be counted for the purposes of calculating the period of 24 years. For the said relief the petitioners had earlier filed Writ Petition No. 75240 of 2005, which was disposed of with a direction to the Superintendent of Police, Chitrakoot to decide the representation filed by the petitioner on 17th November, 2005 by a reasoned and speaking order preferably within six weeks.

4. The Superintendent of Police by a communication dated 3rd February, 2006 sou

















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