BHUPAT SINGH YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the order dated 13.7.2012 passed by the Commandant, 42nd Batallian, PAC, Naini, Allahabad treating the period when the petitioner remained out of service w.e.f. 9.10.1999 to 24.3.2008 as "period not spent on duty" and hence not entitled for any payment under the principle of "no work no pay" and the order dated 16.2.2013 passed by the Deputy Inspector General, PAC, Kanpur Section, Kanpur and the order dated 24.8.2013 passed by the Inspector General of Police, PAC, Eastern Zone, Lucknow rejecting his Revision thereafter.

(2.) A further prayer has been made for a mandamus to be issued to the Authorities to treat the period of service from 9.10.1999 to 24.3.2008 as "period spent on duty" and to disburse the petitioner's arrears of salary and to refix his salary taking into account his entire length of service after including annual increments etc. and pay revision w.e.f. 1.1.2006.

(3.) Counsel for the petitioner, Sri Siddhartha Khare at the time of argument of the case stated that earlier the writ-petitioner had been dismissed from service on 9.10.1999, without holding any enquiry in exercise of power under Rule 8-2(B) of the U.P. Police Officers of the Sub-Ordinate Ranks (Punishment and Appeals) Rules, 1991 (herein after referred to as the Rules of 1991). This order was confirmed in Appeal and Revision on 3.1.2000 and 29.12.2004 respectively and aggrieved by the aforesaid three orders, the petitioner had filed Writ Petition No. 55846 of 2005 (Bhupat Singh Yadav Vs. State of U.P. and others).