D. Y. CHANDRACHUD, P. K. S. BAGHEL
STATE OF U. P. – Appellant
Versus
DHARMENDRA SINGH – Respondent
By the Court.—The special appeal arises from a judgment of the learned Single Judge dated 4 September 2013 allowing a batch of writ petitions filed under Article 226 of the Constitution including the writ petition (Writ-A No. 15428 of 2013) filed by the respondents. Accepting the submission which has been urged on behalf of the respondents, the learned Single Judge has declared a Government Order dated 17 September 2002 to be ultra vires and has directed the appellants to pay to the respondents their salary and allowances, in place of a stipend during the period when the respondents were undergoing training for appointment as Constables, in the police department of the State.
2. The respondents were appointed between 17 September 2002 and 2 December 2008. Prior to 1998, it is not in dispute that persons who were recruited as Constables, Sub Inspectors and Platoon Commanders were only entitled to the payment of a stipend during the period of training. On 8 June 1998, an Office Memorandum (OM) was issued by which it was stipulated that persons who had been selected as Constables, Sub Inspectors and Platoon Commanders would be granted appointments upon which they would be enti
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