VIJAY KUMAR Vs. STATE OF UTTARANCHAL AND OTHERS

JUDGEMENT

(1.) By the present writ petition the petitioner has prayed for issuance of a writ of mandamus directing the respondents to provide the benefits of one month extra pay to the petitioner as provided in the Government Order dated 7th Dec., 1979.

(2.) The brief facts giving rise to the present writ petition according to the petitioner are that he is an Inspector of Police and is presently posted as Station House Officer, Kotwali Jawalapur, District Haridwar. During the period 17.7.1997 to 18.7.2002 the petitioner was posted as Inspector in Anti-Corruption Organization, C.B.C.I.D., Haldwani, Nainital as non-gazetted police officer and was being treated to be on duty for all the time and he did not avail the holidays of second Saturdays and Sundays and any other gazetted holidays. Petitioner has submitted that being aggrieved on account of inaction of the respondents by non-discharging their duties by not paying one month extra pay, special pay allowances, special pay, fixed house rent allowance and motor subsidy from the period 17.7.1997 to 18.7.2002 he has filed the present writ petition.

(3.) The petitioner has relied upon the Government Order issued on 7th Dec., 1979 in which it has been provided that one month extra pay in lieu of gazetted holidays, second Saturdays and Sundays which are not availed by the non-gazetted members of the U.P. Police Force of the rank of Inspector and Sub-Inspector including the Platoon Commander and the Company Commander of the P.A.C. shall be allowed to him. The said Government Order is quoted below:-