VIBHUTI PRASAD MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Rajesh Nath Tripathi and Ekta Kour learned counsel for the petitioner as well as learned counsel for the respondents.

(2.) In this petition prayer has been made for issuance of writ of certiorari to quash the order dated 7.4.2000 passed by respondent no. 2 Inspector General of Police, Lucknow Zone, Lucknow and order dated 8th November, 1989 passed by respondent no.3 Deputy Inspector General of Police, Lucknow Zone, Lucknow. Further prayer has been made for writ of mandamus commanding the respondents to treat the petitioner in continuous service even after 8th November, 1989 and to pay full salary to the petitioner. Further prayer has also been made for seeking direction to the respondents to pay the difference of salary for the period between 6th October, 1987 till 8th November, 1989 and for payment of the interest at the rate of 24% on the arrears of salary and the difference of salary unpaid to the petitioner.

(3.) Brief facts necessary for adjudication of the writ petition was that the petitioner was appointed as Sub- inspector in U.P. Police in the year 1987 and when he was posted as Sub-inspector in Special Investigation Cell Sahkarita Mukhyalaya, Sitapur the petitioner left the place of posting on 5.10.1987 after recording his lefting at serial no. 3 in G.D. of the office at 9.00 p.m. on 5.10.87 for recording his evidence before Special Investigation Cell Sahkarita Mukhyalaya, Lucknow for 5.10.87 as such the petitioner was on duty on 5.10.87 and 6.10.87.