MOHAMMAD SHARIF Vs. STATE OF U P

JUDGEMENT

(1.) I. P. Vasishth, J. The Court is ceased of the distinct though similar petitions bearing Writ Petition No. 7202 (SS) of 1993. 521 (SS) of 1994 and 526 (SS) of 1994 contain ing a common grouse of the petitioners with regard to release of certain service benefits in the domain of optional pay, special work allowance, fixed house rent, motor cycle subsidy etc.

(2.) THE gist of the matter is that the petitioners are employees of the ministerial staff of the State Police and working in various wi,igs of the district establishment Range Head quarters and Police Head quarters. It was contended that the police employees working in the Executive Cadre of the force were drawing certain benefits of the type enumerated above, but for some unjustifiable reasons the respondents were depriving them thereof. THE action was thus stated to be discriminatory and appropriate relief for the release of the aforesaid al lowances was claimed by way of mandamus in all these three petitions.

(3.) BE that as it may, a similar view was taken by this Court both at its Lucknow BEnch as well as at Allahabad in the matter of D. D. Singh and others v. State W. P. No. 7323 of 1992 dated 28-8-93, Rajendra Prasad and others v. State W. P. No. nil of 1994 dated W-l- 1994,kedarnath Srivastava andothers v. State W. P. No. 42473 of 1993 dated 14-12-1993 ; H. N. Srivastava and others v. State W. P. No. 39648 of 1993 dated 14-12-93. and Tej Bahadure Singh and others v. Stale of U. P. W. P. No nil of 1993 dated 15-10-1993. Out of these decisions the matter of Tej Bahadur Singh was agitated by the State before the Hon'bie Supreme Court by way of S. L. P. No. 21210 of 1994 which though'dismissed at I one stage for want of prosecution, was ul- j timately dismissed on merit on 23-8-1996 as would be evident from Annexure 8 attached with Writ Petition No. 7202 of 1993.