Praveen Kumar Mandal v. The State of U.P. and 4 Others

Court No. - 34 Case :- WRIT - A No. - 19892 of 2023 Petitioner :- Praveen Kumar Mandal Respondent :- The State Of U.P. And 4 Others Counsel for Petitioner :- Atipriya Gautam,Anura Singh,Sr. Advocate,Vinod Kumar Mishra Counsel for Respondent :- C.S.C Hon'ble Ajit Kumar,J.

¶1Heard learned counsel for the petitioner as well as learned Standing Counsel.

¶2Petitioner, who is presently posted as Radio Sub Inspector in Civil Police at district-Kannauj is claiming third promotional pay scale benefit/ grade pay and consequential fixation of his pay in terms of the recommendation of 7th Pay Commission for having completed 26 years of service.

¶3It is argued on behalf of the petitioner that as per the rules an employee who completes 26 years of service becomes entitled to the benefits under Assured Career Progression Scheme for the third time known as IIIrd A.C.P.

¶4In support of the above argument learned counsel for the petitioner has relied upon Government Order dated

21.07.2011, whereunder, services rendered by the petitioner during training period is also liable to be taken into account towards qualifying service for ACP benefit to which an employee would be entitled as per the guidelines and Government Order. The Government order has issued on 21.07.2011 is reproduced hereunder: "

उतरपददश

गगहपपललसअनपभभग-2 ससखयभ-ररट-1634/6-पप-2-11-1600 (5)/2011

लखनऊददनभसक-21 जपलभई, 2011

कभयभरलयगयभप

पददशकदपपललसबलकदआरककशययकदपदशकशणककअवलधककउनककसदवभममजकडनद

एवसतदनपसभरउनहमसतरकनयन(ए०सस०पस०)

अनपमनयदकयदजभनदहदतपकमरचभररययदभरभ

अनदकररटयभदचकभयममभननसयउचचनयभयभलयममयकलजतककगयसहह।कपछररट

यभदचकभओसमममभननसयउचचनयभयभलयदभरभदनणरयपभररतदकयदगयदहहतथभकपछ

अवमभननभयभदचकभयमभसदभलखलककगयभहह।उककसथदतककददषगतरखतदहहएसमयक

दवचकपरभनत महभमदहम शस रभजयपभल ददनभसक

8.6.1998

सद पपवर एवसददनभसक

17.09.2002 सद02.12.2009

ककअवलधममपदशकशणपभयदआरककशययकक

पदशकशणअवलधककउनकद सदवभकभलममजकडनदएवसतदनपसभरउनहमसतरकनयन, (ए०सस०पस०)

अनपमनयदकयदजभनदहदतपइसपदतबनधकदअधसनसहररसवसकगदतपदभन

करनदहहदकउकसपदवधभओसकदअदतररकअनयदकससपकभरककसपदवधभजकउनहमअब

तक अनपमनय नहस हह,

पदभन नहह कक जभयदगस।

2.

यहआददशदवत(

वययदनयसतण) अनपभभग-12

ककअशभसककयपतससखयभ-ई-12-1727/दस-2011

ददनभसक21 जपलभई, 2011

ममपभपउनककसहमदतसदजभरसदकयदजभ

रहदहह।

वकपसवरफतदहबहभदपर

पमपखसदचव, गगह"

¶5It is submitted by learned counsel for the petitioner that in the above regard, he has already approached the authority competent in the matter vide representation dated 19.11.2023, copy whereof has been brought on record as Annexure No. 6 to the writ petition.

¶6Learned Standing Counsel submits that the matter can be directed to be considered by the authority concerned.

¶7In view of the above, this petition stands disposed of with a direction to the competent authority to look into and consider the grievance of the petitioner as raised in his representation dated 19.11.2023 and decide the same within a period of two months from the date of receipt of certified copy of this order.

¶8Needless to add that the order to be passed by the competent authority, as directed herein above, shall be reasoned and speaking one. Order Date :- 1.12.2023 Deepika High Court of Judicature at Allahabad