Ganga Prasad (Pno - 842370402) Vs State of U.P. Thru. Prin. Secy. Home Lko and 3 Others — Allahabad HC (2025) — LawSathi Research

Ganga Prasad (Pno - 842370402) Vs State of U.P. Thru. Prin. Secy. Home Lko and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty granted to the petitioner to move a fresh representation before respondent no. 4, Deputy Commissioner of Police (Headquarter), Commissionerate, Lucknow, who shall consider and decide it in light of the co-ordinate Bench judgments within eight weeks of receipt; petitioner directed to annex copies of the judgments along with certified copy of this order.

Issue for consideration

Whether the service period spent by the petitioner while undergoing training prior to appointment as Constable should be taken into consideration in calculating 19 years of service for granting one additional increment as per the Government Order dated 02.12.2000.

Court's answer

Without entering into the merits of the case, the court granted the petitioner liberty to move a fresh representation before respondent no. 4.

Ratio / Principle

Opposite party no. 4, the Deputy Commissioner of Police (Headquarter), Commissionerate, Lucknow, shall consider and decide the fresh representation in light of the co-ordinate Bench judgments (Ghanshyam Tiwari; Radhe Shyam Yadav) within eight weeks of its receipt by opposite party no. 4 or any other competent authority.

Key takeaways

The petitioner shall annex copies of the aforesaid judgments along with a certified copy of this order.ratio¶15

Detailed headnote1 paragraphs

Writ petition (Writ-A No. 7075 of 2025, Allahabad High Court, Lucknow Bench) by Constable Ganga Prasad seeking a direction that his service period spent undergoing training prior to appointment as Constable be taken into consideration in calculating 19 years of service for granting one additional increment as per Government Order dated 02.12.2000. Counsel submitted that the issue had already been decided by co-ordinate Benches in Ghanshyam Tiwari v. State of U.P. (Civil Misc. Writ Petition No. 44330 of 2012) and Radhe Shyam Yadav v. State of U.P. (Writ-A No. 6753 of 2023); petitioner had already made a representation and sought liberty to file a fresh one. Without entering into the merits, the court granted liberty to submit a fresh representation before respondent no. 4, Deputy Commissioner of Police (Headquarter), Commissionerate, Lucknow, who was directed to consider and decide it in light of the said judgments within eight weeks of receipt by opposite party no. 4 or any other competent authority; petitioner was directed to annex copies of the judgments along with a certified copy of this order. Petition stood disposed of. Bench: Hon'ble Manish Mathur, J.; order dated 4.7.2025.

Neutral Citation No. - 2025:AHC-LKO:37809

Court No. - 18

Case :- WRIT - A No. - 7075 of 2025

Petitioner :- Ganga Prasad (Pno - 842370402)

Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others

Counsel for Petitioner :- Mewa Ram Satyarthi,Deepshikha Sharma

Counsel for Respondent :- C.S.C.

Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner, learned State Counsel for opposite parties.

Petition has been filed seeking a direction to concerned authority to take into consideration service period spent by petitioner while undergoing training prior to appointment as Constable for calculating 19 years of service for granting one additional increment as per Government Order dated 02.12.2000.

It has been submitted by learned counsel for petitioner that aforesaid issue has already been decided by co-ordinate Bench of this Court in the case of Ghanshyam Tiwari Vs. State of U.p. and others passed in Civil Misc. Writ Petition No. 44330 of 2012 as well as Radhe Shyam Yadav and others Vs. State of U.P. and others passed in Writ-A No. 6753 of 2023.

For the aforesaid grievance, petitioner has already submitted a representation to the authorities concerned but seeks liberty to file a fresh representation.

Considering innocuous prayer being made by learned counsel for petitioner and without entering into merits of the case, petitioner is granted liberty to move a fresh representation

before respondent no. 4 i.e., Deputy Commissioner of Police (Headquarter) Commissionerate, Lucknow, who shall consider and decide the same in light of aforesaid judgment within a period of eight weeks from the date of its receipt by opposite party no. 4 or any other competent authority.

The petitioner shall annex copies of aforesaid judgment along with certified copy of this order.

With the aforesaid observations/directions, petition stands disposed of.

Order Date :- 4.7.2025 Virendra

Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench