Court No. - 38 Case :- WRIT - A No. - 37638 of 2010 Petitioner :- Vinod Kumar Saxena & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Ashish Kumar Ojha Respondent Counsel :- C.S.C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioners and learned Standing Counsel.
The grievances raised by the petitioners in the present writ petition is that
petitioners being non gazetted officers in the Police Force are entitled to get
an extra salary of one month in pursuance of the G.O. dated 07.12.1979.
Petitioners submit that this G.O. was issued in 1979, but the said benefit was
not paid to them. Then, the matter was raised before the apex court and the
apex court has also dismissed the S.L.P.. Subsequently, State Government has
issued another Government Order dated 9th April 2010 by which it has been
provided that Police Department being a special force as they are working on
Saturdays and Sundays without any benefit of leave even on the special
occasions, they will be entitled to one month extra salary for every year.
Petitioners submit that in spite of the aforesaid Government Order as well as
direction issued by the Director General to the various Officers the same has
not been paid to the petitioners. Petitioners submit that though they have
already submitted various representations from time to time, but no heed has
been paid by the respondents. Hence, the present writ petition.
After considering the submissions made on behalf of the petitioners and
learned Standing Counsel, in my opinion, the claim of the petitioners has to be
considered in view of the Government Order issued on 9th April 2010 as well
as on the basis of representation submitted. Therefore, this writ petition is
being disposed of finally directing the respondents No. 4 & 5 to consider and
decide the representation filed by the petitioners regarding granting the
benefit of one month extra salary in pursuance of the Government Order of
9th April 2010 strictly in accordance with law by a speaking and reasoned
order within a period of three months from the date of production of certified
copy of the order.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 1.7.2010
NS