PRASHANT KUMAR SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD Mr. B.M. Pingal, Advocate for the petitioners and Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand.

(2.) THE petitioners were the candidates for the post of Fire Man in Uttarakhand Fire Department. An advertisement was issued calling application from eligible candidates on 11.5.2006. The petitioners responded to the said advertisement. Consequently, they qualified in the written examination and subsequently in the physical test and were finally selected as per the advertisement dated 11.5.2006. The petitioners were to complete a period of "training" as well as period of "intensive training", and thereafter they were to be sent to their respective distinct for practical training. Petitioners completed 16 days training which was general in nature along with other recruits of civil police and other police department. Thereafter they did an intensive training from 1.1.2008 to 31.1.2008. After completing this training, each petitioner was sent for their practical training to these districts. They completed practical training. All the same, the petitioners are getting salary only from 1.4.2009 onwards. "The period on which they were doing their practical training at the district centers, has been taken as part of the training or intensive training and for this only "stipend" is given to these petitioners. It is this, which is presently challenged by the petitioners, as they demand a salary and not just stipend for this "practical training".

(3.) ACCORDING to the petitioners, they have completed their training as well as intensive training. They are the members of Fire Department after this and are liable to be given salary for the same and not stipend. In other words, from 1.4.2008 onwards they are liable to be given salary which has been given after a period of one month training.