Hon’ble Sudhanshu Dhulia, J. (Oral)

1. The petitioners before this Court are Head Constables. They are claiming the benefit of circular dated 8.11.1965 issued by erstwhile U.P. Police Headquarter, Allahabad by which the period of training undergone by each one of them as constables in the police department should be counted for the entire length of service, particularly for the grant of next higher pay scale. On the other hand, the State Government is not including the period of training undergone by the petitioners during training which is a period of nine months as “service”. The petitioners rely upon a Circular dated 8.11.1965 issued by Police Headquarter, Allahabad, which is a part of the records. The relevant portion or Circular dated 8.11.1965 reads as under:

“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 leav