Yashoda Nand Yadav Vs State of U.P. and 2 Others

Neutral Citation No. - 2025:AHC:27483

Court No. - 4

Case :- WRIT - A No. - 2152 of 2025

Petitioner :- Yashoda Nand Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anura Singh,Atipriya Gautam,Madhaw Pandey,Sr. Advocate Counsel for Respondent :- C.S.C.

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Hon'ble Ajit Kumar,J.

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

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Petitioner, who is presently posted as Head Constable in Civil Police at district- Maharajganj 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.

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It 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.

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In 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:

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गगहपपललसअनपभभग-2

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

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लखनऊददनभसक-21 जपलभई, 2011

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कभयभरलयगयभप

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पददशकदपपललसबलकदआरककशययकदपदशकशणककअवलधककउनककसदवभममजकडनदएवस तदनपसभरउनहमसतरकनयन (ए०सस०पस०) अनपमनयदकयदजभनदहदतपकमरचभररययदभरभअनदक

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ररटयभदचकभयममभननसयउचचनयभयभलयममयकलजतककगयसहह।कपछररटयभदचकभओसमम मभननसयउचचनयभयभलयदभरभदनणरयपभररतदकयदगयदहहतथभकपछअवमभननभयभदचकभयमभस दभलखलककगयभहह।उककसथदतककददषगतरखतदहहएसमयकदवचकपरभनतमहभमदहमशस रभजयपभलददनभसक 8.6.1998 सदपपवरएवसददनभसक 17.09.2002 सद 02.12.2009 कक अवलधममपदशकशणपभयदआरककशययककपदशकशणअवलधककउनकदसदवभकभलममजकडनदएवस तदनपसभरउनहमसतरकनयन, (ए०सस०पस०) अनपमनयदकयदजभनदहदतपइसपदतबनधकदअधसन सहररसवसकगदतपदभनकरनदहहदकउकसपदवधभओसकदअदतररकअनयदकससपकभरककसपदवधभ जकउनहमअबतकअनपमनयनहसहह, पदभननहहककजभयदगस।

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यहआददशदवत (वययदनयसतण) अनपभभग-12 ककअशभसककयपतससखयभ-ई-121727/दस-2011 ददनभसक 21 जपलभई, 2011 ममपभपउनककसहमदतसदजभरसदकयदजभरहद हह।

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कपसवरफतदहबहभदपर पमपखसदचव, गगह"

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It 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 03.10.2024, copy whereof has been brought on record as Annexure No. 6 to the writ petition.

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

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In 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 03.10.2024 and decide the same within a period of two months from the date of receipt of certified copy of this order.

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Needless to add that the order to be passed by the competent authority, as directed herein above, shall be reasoned and speaking one.

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Order Date :- 27.2.2025 Nadeem

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Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad

Yashoda Nand Yadav v. State of U.P. and 2 Others

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