Dilip Gupta, J. - (1.) THE Petitioners are Constables in the Civil Police. It transpires that certain salary was paid to them instead of stipend but the mistake was rectified by the Department and they were subsequently paid stipend for the remaining period. This petition has been filed for a direction upon the Respondents not to recover the difference between the salary and the stipend paid to the Petitioners and to pay them salary for the remaining period.
(2.) SO far as the first relief is concerned, the learned Additional Chief Standing Counsel, appearing for the Respondents has stated that a Government Order dated 30th July, 2009 was issued wherein it was clearly mentioned that no recovery shall be made. In so far as the second relief is concerned, learned Additional Chief Standing Counsel has pointed out that this Court has repeatedly held that salary is not to be paid during the training period. In this connection he has placed reliance upon the judgment of this Court rendered in Writ Petition No. 57668 of 2009 (L/C 380 Indu Verma and Ors. v. State of U.P. and Ors.) and Writ Petition No. 9360 of 2010 (Constable No. 980460883 Sunil Kumar and Ors. v. State of U.P. and Ors.).
(3.) LEARNED Counsel for the Petitioner has, however, placed reliance upon the judgment rendered in Special Appeal No. 20 (Defective) of 2007 (State of U.P. and Ors. v. Nagesh Upadhyay and Anr.) in support of the contention that the salary should be paid instead of stipend during the training period.;