Shailendra Singh and 19 Others v. State of U.P. Thru Addl Chief Secy Deptt of Home Lko and 4 Others

Court No. - 8 Case :- WRIT - A No. - 5515 of 2022 Petitioner :- Shailendra Singh And 19 Others Respondent :- State Of U.P. Thru Addl Chief Secy Deptt Of Home Lko And 4 Others Counsel for Petitioner :- Deepak Singh Counsel for Respondent :- C.S.C. Hon'ble Dinesh Kumar Singh,J.

¶1Heard Shri Deepak Singh, learned counsel for the petitioners and Shri Ram Pratap Singh Chauhan, learned Additional Chief Standing Counsel appearing for the State-respondents.

¶2By way of this petition under Article 226 of the Constitution of India the petitioner has prayed for the following reliefs:- "(a) Issue a writ, order or direction in the nature of Certiorari calling the records of the case and quashing the impugned circular dated 22.12.2015 (Annexure 4 to the wit petition) passed by the Deputy Inspector General of Police (Establishment) U.P. whereby the candidates having been selected on the post of Sub-Inspector, would be made the payment of stipend during training period of Sub-Inspector in place of leave salary with allowances.

(b) Issue a writ, order or direction in the nature of Mandamus directing the respondent authorities to pay the arrears of leave salary for the period admissible during the training period of Sub-Inspector (Civil Police) and Platoon Commanders with allowances in addition to stipend to the petitioners within stipulated period of time as fixed by this Hon'ble Court.

(c)...

(d)..."

¶3Learned counsel for the petitioners submits that the case of the petitioners is covered by the judgment and order dated 08.09.2021 passed by this Court in Special Appeal No.169 of 2020 since Petition for Special Leave to Appeal (C) No.798 of 2022, filed against the judgment and order dated 08.09.2021, has been dismissed by the Supreme Court vide order dated 04.02.2022.

¶4The learned Additional Chief Standing Counsel does not dispute the said contention that the controversy, involved in the present petition, is covered by the judgment and order dated 08.09.2021 passed by this Court in Special Appeal No.169 of 2020.

¶5In view thereof, the present petition is also allowed in terms of the judgment and order dated 08.09.2021 passed by this Court in Special Appeal No.169 of 2020. (Dinesh Kumar Singh, J.) Order Date :- 7.7.2023 Piyush/- High Court of Judicature at Allahabad, Lucknow Bench