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Allahabad High Court

MANOJ KUMAR AND 35 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition is disposed with a direction that petitioners file individual representations, after which their claims will be decided per the Ghanshyam Tiwari judgment.

Summary

Petitioners, who are constables with 19 years of service, filed a writ petition under Article 226 seeking an additional increment of pay, relying on the precedent set in Ghanshyam Tiwari v. State of U.P. and subsequent cases. The petitioners argued that the legal position affirmed in those judgments remains unchanged and that many similar employees have already received the benefit. The Court noted that the standing counsel could not dispute this position and referenced a recent order in Radhe Shyam Yadav v. State of U.P. The Court therefore disposed of the petition, directing each petitioner to file an individual representation along with a certified copy of the order. Upon such representation, the claim will be considered in accordance with the Ghanshyam Tiwari judgment within six weeks.

Issues considered

  • Whether constables with 19 years of service are entitled to an additional increment of pay under the principle laid down in Ghanshyam Tiwari v. State of U.P.
  • Whether the legal position established in earlier judgments remains applicable to the present petitioners.

Subjects

  • Article 226
  • Police constable
  • Increment of pay
  • Service tenure
  • Judicial precedent
  • Administrative law

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                WRIT - A No. - 15500 of 2026

                                    Manoj Kumar And 35 Others
                                                                                                            .....Petitioner(s)
                                                                            Versus
                                    State Of U.P. And 2 Others
                                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)                        :    Shivendra Kumar Gupta
                                    Counsel for Respondent(s)                        :    C.S.C.

                                    Court No. - 33
                                                         HON'BLE MANISH KUMAR NIGAM, J.

                                    1. Heard learned counsel for the parties and perused the record.

                                    2. By means of this petition filed under Article 226 of the Constitution, petitioners
                                    who were working as Constable in State Police, want an additional increment of pay
                                    on completion of 19 years of service in the light of judgment of this Court in the case
                                    of Ghanshyam Tiwari vs. State of U.P. & others passed in Civil Misc. Writ
                                    Petition No. 44330 of 2012 which was followed in the judgment of Virendra Kumar
                                    and another v. State of U.P. & 3 Others, Writ - A No. 48601 of 2015 against which
                                    Special Appeal (Defective) No. 538 of 2016 came to be dismissed on 07.09.2016 so
                                    also the Special Leave Petition (CC) No. 6316 of 2017 came to be dismissed on
                                    03.04.2017.

                                    3. Learned counsel appearing for petitioners submits that this legal position has
                                    remained intact as on date and many such employees as petitioners have been
                                    accorded benefit. He has also placed before the Court recent order of this Court passed
                                    in the case of Radhe Shyam Yadav & 4 Others v. State of U.P. & 6 Others, Writ -
                                    A No. 6753 of 2023.

                                    4. Learned Standing Counsel could not dispute the aforesaid legal position.

                                    5. In view of the above, this petition stands disposed of with a direction that each of
                                    the petitioners is required to move their individual representation along with the
                                    certified copy of this order and in the event representation is made, petitioners' claim
                                    shall be considered and disposed of in terms of the judgment of Ghanshyam Tiwari
                                    (supra) by passing appropriate orders within a period of six weeks of receipt of fresh
                                    representation.

                                    September 24, 2026
                                    Rishabh
                                                                                               (Manish Kumar Nigam,J.)




Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad


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