IMPORTANT POINT
The legal principle established is that periods of cancellation of appointments can be counted towards continuity in service and related benefits, as per the relevant Government order.

JUDGMENT :

Hon'ble Ajit Kumar, J.-Heard Sri Vijay Gautam, learned Senior Advocate assisted by Sri Devesh Mishra, learned counsel for the petitioners and learned Standing Counsel for the State respondents.

2. By means of this petition filed under Article 226 of the Constitution, the petitioners have prayed for following reliefs:

''a. Issue, a writ, order or direction, in the nature of mandamus, directing the Respondent Authorities, to pay the Second Promotional Grade/Pay-scale of Sub-Inspector (Grade Pay of Rs. 4200/-) (after calculating the training period) and treating the petitioners continuity in their services, since their initial date of appointment, on account of completion of 16 years services and also to pay the increments & benefits of 7th Pay Commission (Revised Pay-scale) alongwith arrears, in view of the relevant Government Orders, dated 17/02/2022, 21/01/2016, 26/08/2015, 03/03/2015, 05/11/2014 & 21/07/2011 with all consequential benefits.

b. Issue, a writ, order or direction, in the nature of mandamus, directing the Respondent Authorities, to pay the salary of Second Assured Career Progression (ACP) Pay Grade of Sub-Inspector Rs. 4200/- (after calculating the training period) and treating the petitioners continuity in their services, since their initial date of appointment, on account of completion of 16 years service, and also to pay the increments & benefits of 7th Pay Commission (Revised Pay-scale) alongwith arrears, in view of the relevant Government Orders dated 17/02/2022, 21/01/2016, 26/08/2015, 03/03,2015, 05/11/2014 & 21/07/2011 with all consequential benefits.''

3. It is argued by learned counsel for the petitioners that petitioners, who are constables in the civil police, were appointed in the year 2005-06 but all such appointments were cancelled and cancellation order became subject-matter of challenge before this Court and then in appeal before the Supreme Court. After the appointments were upheld petitioners were reinstated like other constables and Government issued a Government order dated 17th February, 2022, wherein vide Clause 3(1) it provided that period during which appointment of such employees remained cancelled would count towards their continuity in service, seniority and other service benefits like pay fixation, pay revision and also post retirement dues. Clause 3(1) of the Government order dated 17th February, 2022 is reproduced hereunder:

4. It is submitted that in above regard petitioners have already represented the matter before the competent authority on 13th May, 2023, a copy whereof has also been brought on record as Annexure-16 to the writ petition.

5. Learned Standing Counsel submits that the matter can be directed to be examined by the competent authority in the first instance.

6. In view of the above, this petition stands disposed of with a direction to the respondent No. 2 to look into and consider the grievance of the petitioner in reference to the Government order dated 17th February, 2022 referred to hereinabove and dispose of same strictly in accordance with law within a period of two months' time from the date of production of certified copy of this order.

7. Needless to add that the order to be passed by the authority, shall be reasoned and speaking one.