Allahabad High Court
DEVATA NAND SINGHversusTHE STATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The petition is disposed of without adjudicating the merits, and the respondent No. 7 is directed to decide the petitioner’s pending representation within twelve weeks.
Summary
The petitioner, a former Indian Army serviceman now employed with the Uttar Pradesh Police Development Department, filed a writ petition seeking three orders of mandamus: (i) to have his earlier army service counted towards his present police service, (ii) to have his salary fixed as if he had been appointed directly as a constable, and (iii) to be placed in the Sub‑Inspector grade‑pay of Rs.4200 with all benefits and arrears under the 7th Pay Commission. The petitioner relied on a series of Government Orders dated between 2011 and 2022 to support his claim. The respondent State argued that the petition was unnecessary and that the pending representation filed by the petitioner should be decided by the concerned department. The Court, without expressing any view on the merits, dismissed the writ and directed the respondent (No. 7) to decide the pending representation within twelve weeks, after giving an opportunity of hearing. The order thus disposes of the petition while ensuring expeditious administrative action on the representation.
Issues considered
- Whether the High Court should issue mandamus directing the addition of the petitioner’s earlier Indian Army service to his present police service.
- Whether the Court should direct re‑fixation of the petitioner’s salary as if appointed directly as a constable.
- Whether the petitioner is entitled to the Sub‑Inspector grade‑pay and related benefits under the 7th Pay Commission.
- Whether the pending representation of the petitioner should be decided by the respondent authority within a specified time.
Subjects
- service continuity
- ex‑servicemen
- mandamus
- police service
- salary fixation
- 7th Pay Commission
- representation
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 13981 of 2026
Devata Nand Singh
.....Petitioner(s)
Versus
The State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arya Gautam, Atipriya Gautam,
Pratyush Srivastava, Sr. Advocate
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the
State and perused the record.
2. The instant writ petition has been filed for the following relief:
"a. issue, a writ, order or direction, in the nature of Mandamus, directing
the Respondents, to add the earlier Service Period of Indian Army, in the
Present Service of the Petitioner, in UP Police Development, Department,
in view of the Government orders dated 21/01/2016 & 17/02/2022.
b. Issue, a writ, order or direction, in the nature of Mandamus, directing
the Respondent Authorities, to Re-fix the Salary of the Petitioner as on
date of his Appointment as Constable in Civil Police, by Protecting the
Salary Received by the Petitioner, as Ex-Serviceman at the time of
discharge from Indian Army, within a Period to be specified by this
Hon'ble Court.
c. Issue, a writ, order or direction, in the nature of Mandamus, directing
the Respondent Authorities, to Pay the Second Promotional Grade/Pay
Scale of Sub-Inspector (Grade Pay of Rs.4200/-) (after calculating the
training period) and treating the Petitioner continuity in his services,
since his initial date of appointment, on account of completion. of 16
years services and also to Pay the increments & benefits of 7th Pay
Commission (Revised Pay Scale) along with arrears, in view of the
relevant Government Orders dated 21/01/2016, 17/02/2022, 21/07/2011,
WRIA No. 13981 of 2026
2
05/11/2014, 03/03/2015, 26/08/2015,22/12/2016, 04/07/2019 &
13/04/2020, with all consequential benefits."
3. Learned counsel for the petitioner submitted that the petitioner is seeking
promotional grade/pay scale of Sub-Inspector after calculating the training
period as well as pay the increments & benefits of 7th Pay Commission
(Revised Pay Scale) along with arrears, in view of the relevant Government
Orders dated 21/01/2016, 17/02/2022, 21/07/2011, 05/11/2014, 03/03/2015,
26/08/2015,22/12/2016, 04/07/2019 & 13/04/2020. In this regard, the
petitioner moved a representation which is pending consideration.
4. Learned Standing Counsel has submitted that no useful purpose would be
served in keeping this petition pending and it would be appropriate to direct
the respondent no. 7 to decide the representation of the petitioner within a
time frame as fixed by this Court.
5. Considering the facts and circumstances of the case, without expressing
any opinion on the merits of the case, the present petition stands disposed of
finally with a direction to respondent No. 7 to consider and decide the
aforementioned representation of the petitioner, in accordance with law,
expeditiously, preferably within a period of twelve weeks from the date of
production of a certified copy of this order after giving opportunity of
hearing to the parties concerned provided that there is no other legal
impediment.
(Manish Kumar Nigam,J.)
September 8, 2026
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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