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 sought clarification from the Deputy Inspector General of Police (Establishment), U.P. Police Headquarters, Allahabad as to whether the training period could be counted. By the communication dated 22nd March, 2006 the Superintendent of Police, Chitrakoot was informed by the Deputy Inspector General of Police that in this regard necessary instructions had earlier been issued by the U.P. Police Headquarters on 8th November, 1965 and a copy of this was also enclosed. The Superintendent of Police was, therefore, directed to decide the matter in accordance with the said circular. The Superintendent of Police, Chitrakoot, thereafter brought the aforesaid communication dated 22nd March, 2006 to the notice of the petitioners by his communication dated 3rd April, 2006.

5. In the counter affidavit the respondents have brought on record the communication dated 11th May, 2006 sent by the Superintendent of Police, Chitrakoot informing the petitioners that in terms of the circular dated 8th November, 1965 issued by the U.P. Police Headquarters, the training period cannot be counted for the purposes of granting second promotional pay scale.

6. Sri K.K. Mishra, learned counsel appearing for the petitioners submitted that in terms of the circular dated 8th November, 1965, the training period is required to be counted for the purposes of granting the second promotional pay scale and, therefore, the Superintendent of Police, Chitrakoot was not justified in rejecting the claim of the petitioners.

7. Learned Standing Counsel appearing for the respondents, however, submitted that under the circular dated 8th November, 1965, the training period can be counted only for grant of pension and not for any other benefits. He has also placed reliance upon Clause 2(2) of the Note dated 28th March, 2007 of the Financial Controller, U.P. Police Headquarters, Allahabad.

8. I have carefully considered the submissions advanced by the learned counsel for the parties.

9. The dispute in the present petition centres around the interpretation of the circular dated 8th November, 1965. The said circular has been issued by the U.P. Police Headquarters to all the Superintendent of Police, Deputy Superintendent of Police and Section Officers regarding counting of training period of recruits towards the leave, increment and pension and the relevant portion is as follows :

“Due to the introduction of fixed pay of Rs. 165/- p.m. to recruits during the training period there is some misunderstanding regarding recording of the date of enlistment and counting of service etc. In this connection the following instructions are issued for guidance of all concerned :

(i) LEAVE—From the date of enlistment the recruits are to be treated as temporary Government servants and, as such, the leave rules applicable to