Bhoop Singh Saini And 26 Others v. State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko
Case at a glance
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 88. Resultantly, the petition succeeds and is allowed at the admission stage itself. The parties to bear their own costs. Order Date :- 21.7.2025 kvg/- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench
Judgment
Heard learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties.
Present petition under Article 226 of Constitution of India has been filed challenging Circular dated 22.12.2015 whereby candidates having been selected on the post of Sub-Inspector were required to be made payment of stipend during training period in place of leave salary with allowances. A further prayer for grant of leave salary for the training period has also been sought.
It is submitted that aforesaid issue has already been decided by a Division Bench of this Court in Special Appeal No.169 of 2020 (Alok Kumar Singh & ors v. State of U.P. and others) vide judgment and order dated 08.09.2021.
Mr. Vikas Singh, learned State Counsel has been provided written instructions dated 17.07.2025, which are taken on record and as per which in paragraph-7, it has been admitted that petitioner's case is covered by aforesaid judgment and order. However the only distinguishing feature indicated in the instruction is that petitioners were not a party in aforesaid Special Appeal.
Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is evident that a Division Bench of this Court has clearly adverted to order dated 22.12.2015 with a direction that the case of petitioner therein would be considered in the light of Government Order 16.09.1965 followed by Circular dated 03.11.1979 without being guided by subsequent clarificatory order dated 22.12.2015 since it runs counter to Circular of 1979.
It is thus evident that petitioners' case is fully covered by judgment and order dated 08.09.2021 rendered in Special Appeal No.169 of 2020 as admitted by opposite parties.
In view thereof, the opposite parties are directed to extend the benefit of judgment rendered in Alok Kumar Singh(supra) to petitioners as well. Direction with regard to same shall be passed within a period of six weeks from the date a certified copy of this order is produced before the opposite parties.
Resultantly, the petition succeeds and is allowed at the admission stage itself. The parties to bear their own costs. Order Date :- 21.7.2025 kvg/- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India — art. 226.
Which court decided this case, and when?
Allahabad High Court, on 21 Jul 2025. The bench was MANISH MATHUR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.