Allahabad High Court
Bimal Kumar Singh And 12 Others vs State Of U.P. And 4 Others on 19 March, 2021
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 33 Case :- WRIT - A No. - 3368 of 2021 Petitioner :- Bimal Kumar Singh And 12 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Janardhan Yadav Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J.
Petitioners were appointed as Sepoy in Indian Army on different dates from the year 1995 onwards and have been discharged on different dates from the year 2014 to 2018. They have subsequently been appointed as Constable in the year, 2018. It appears that petitioners have represented before the concerned police authorities for including petitioners' earlier service rendered in the Indian Army for the purposes of grant of service benefits including time scale etc. Attention of the Court has been invited to an order dated 23.8.2016 passed by this Court in Writ Petition 36642 of 2015 where in following observation has been made:-
"Learned Standing Counsel has further invited attention of the Court to the Office Memorandum dated 21.01.2016 which relates to computing the service of Ex-Army men. Paragraph no.2 of the Office Memorandum read as under;-
"???? 2005-06??? ????? ??? ????? ???????? ?? ????? ????? ?? ?.???. ????? ???????? ?? ????-410 ??? ????? ?????? ???????? ?? ??????? 422 ?? 526 ?? ???????? ????? ???? ???? ???? ???? ?? ??? ???????? ?? ?????? ???? ??? ???? ??????.
???????? ?????? ??.?. 0-773/??-62(??)/2008 ?????? 05.11.2014 ?? ???????-1(10) ?? ?????? ?? ?????? ?????/??????? ?????/??????? ??????/????????? ?????? ??? ???? ??? ?? ??? ????? ???? ?? ??????? ??????????? (?.??.??.) ?? ??? ???? ??? ???? ???? ??????. ??????? ???????? ??? ????? ???????? ?? ???? ??? ???????? ????? ??????? ?? ?.??.??. ?? ??? ??????? ???? ???? "
A perusal of the paragraph no.2 clearly indicates that it has been decided that the previous service of ex-Army men would be added as per Regulation 410 of the Police Regulations and Regulation 422 and 526 of the Civil Service Regulations. The later part of the Office Order refers to the Government Order dated 05.11.2014 which states that as per the said Government Order, for benefit of ACP scheme, the past services of ex-army men would not be considered, however, they are entitled for grant of Time scale by counting the past services rendered by them in Army as per Regulation 410 read with Article 526 and 422 of Civil Service Regulations. It appears that so far as the ACP scheme is concerned, since they have not rendered service in the same department or in the same cadre, their past services cannot be considered for grant of ACP scheme as per the Government order dated 22.12.2011. The claim of the petitioners herein was for grant of the Time scale and not for grant of ACP scheme. It appears that while considering the prayer of the petitioners, the Government order dated 20.08.2004 and 05.11.2014 have been misinterpreted.
In view thereof, the order dated 30.04.2015 passed by respondent no.5 namely the Assistant Radio Officer (Personnel) Police Headquarter Mahanagar, Lucknow cannot be sustained and is hereby quashed.
The matter requires fresh consideration at the ends of respondent no.3 who shall consider the implication of Regulation 410 of the Police Regulations as also the Government order issued from time to time in this regard.
It is open for the petitioners to move a fresh representation raising their grievances alongwith certified copy of this order. Upon receipt of such representation, the respondent no.3, shall pass a reasoned and speaking order in accordance with law within a period of four weeks from the date of submission of the representation.
With the above observations and directions, the writ petition is disposed of.
It is stated that the petitioner's claim raised in that regard has not been considered so far and, hence, this petition.
Learned Standing Counsel submits that the petitioner's grievance would be got examined by the respondent no. 3, in accordance with law.
In the facts and circumstances of the case, it would be appropriate to permit the petitioners to represent their grievance before the respondent no. 3 alongwith copy of this order, annexing all materials in support of their claim, within a period of four weeks from today. The Claim of petitioners for inclusion of their services would be dealt with in terms of applicable Government Order, keeping in view the observations of this Court, within a further period of four months, thereafter.
Subject to the observations made above, writ petition stands disposed of.
Order Date :- 19.3.2021 n.u.