A.P. Sahi, J. - (1.) HEARD learned Counsel for the petitioner and learned Standing Counsel.
(2.) AFFIDAVITS have been exchanged between the parties and a supplementary -affidavit has been filed bringing on record the relevant Government Orders. The petitioner has filed this writ petition praying for a mandamus commanding the respondents to release the arrears of salary and to award annual increments, selection grade and super selection grade which have been denied to the petitioner and is other wise admissible under the relevant Government Orders. The background of the controversy is that the petitioner was involved in a criminal case and the trial whereof was concluded on 23.8.2004 with his acquittal. The copy of the judgment of the trial court has been brought on record. The respondent - State has filed an appeal against the said acquittal which is stated to be pending before this Court.
(3.) A counter -affidavit has been filed and paragraph No. 7 of the counter -affidavit recites as under: That the contents of para 15 of the writ petition are not admitted as stated, hence denied. In reply it is stated that the Government Order No. Be -Aa -2 -560/10 -45 (M) -99 dated 2nd December 2000 provides that after 8 years continuous satisfactory service after 1.1.1996, the incumbent shall be entitled under periodical salary, shall be entitled to the benefit of selection grade and likewise 14 years continuous satisfactory service and after the confirmation of the post, the incumbent shall be entitled to selection grade and super selection grade. Since the State of U.P. has filed the criminal appeal in the Hon'ble High Court against the Judgment of the Session Judge, Ghazipur dated 23.8.2004 and the said appeal is pending, hence the services of the petitioner can not be regarded as continuous satisfactory service, hence the petitioner is not entitled to the benefits sought by him. A Photostat copy of the Government Order dated 2nd December 2000 is being filed herewith as Annexure -CA -1 to this Affidavit.;