Disposed

Sindhu Singh and Another v. State of U.P. Thru. the Prin. Secy. Home Deptt. Govt. of U.P. Lucknow and 5 Others

Allahabad HC13 Feb 2024WRIA/1041/2024

Case brief

AI extract

What is this about?

Writ petition seeking fixation of salary considering prior service in Indian Army. Court directed petitioner to file fresh representation with documents for consideration by respondent. No adjudication on merits.

What did the court decide?

Petitioner directed to file fresh representation before respondent no.4 within two weeks.

Sindhu Singh and Another vs State of U.P… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:12814

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Court No. - 18

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Case :- WRIT - A No. - 1041 of 2024

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Petitioner :- Sindhu Singh And Another Respondent :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Govt. Of U.P. Lucknow And 5 Others Counsel for Petitioner :- Vinod Kumar,Man Mohan Counsel for Respondent :- C.S.C.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the petitioners and the learned Standing Counsel for the State-respondents.

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This writ petition has been filed for following relief:

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"(i) Issue a writ order or direction in the nature of mandamus commanding the opposite party No. 3 & 4 to carry out the fixation of salary of petitioner in terms of government order dated 26.08.1977 and G. O. dated 18.05.1983 contained as ANNEXURE No.3 & 4 to this writ petition.

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(ii) Issue a writ order or direction in the nature of mandamus commanding the opposite parties to pay arrears of difference of salary after fixation along with appropriate interest.

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(iii) Issue any other writ, order or direction which this Hon'ble Court may deem just and proper in the circumstances of the case in favour of the petitioner.

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(iv) Allow the writ petition with cost."

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Learned counsel for the petitioners submits that petitioners were initially working in Indian Army and subsequently, they have been appointed in Police Department of the State of U.P., therefore, in view of the settled legal position, the services rendered by the petitioners in Indian Army are to be counted for the purposes of fixation of their salary and other benefits. For the said grievances, they have made representation before the authority concerned but no decision has been taken thereon till date. Hence the present writ petition.

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Considering the facts and circumstances of the case but without expressing any opinion on the merits of the case set up on behalf of the petitioners, the present writ petition is disposed of by providing that petitioners may make a fresh representation individually, ventilating all their grievances, supported by such documents, as they may be advised, before respondent no.4, within two weeks from today, along with a certified copy of this order. On such representation being made, respondent no.4 shall consider and decide the same, strictly in accordance with law, by means of a reasoned speaking order, preferably within three months thereafter, if there is no legal impediment.

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Order Date :- 13.2.2024 Nitesh

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Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench

Sindhu Singh and Another v. State of U.P. Thru. the Prin. Secy. Home Deptt. Govt. of U.P. Lucknow and 5 Others

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Sindhu Singh and Another v. State of U.P. Thru. the Prin. Secy. Home Deptt. Govt. of U.P. Lucknow and 5 Others

Case brief

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