Mahesh Chandra Tripathi, J. - (1.) Heard learned counsel for the parties.
(2.) Vimlesh Rai and 19 others are before this Court for issuance of a writ, order or direction in the nature of mandamus directing to the respondent authority to take into consideration the service period spent by them while undergoing training before they were appointed as Constable for calculating 19 years of service for granting one additional increment according to the Government order dated 2.12.2000, and to calculate their service period from the date of appointment and grant one additional increment.
(3.) At the very outset, learned counsel for the parties agree that the controversy involved in the present case is squarely covered by the decision of this Court dated 7.9.2012 passed by the Hon'ble Single Judge in Writ - A No. 44330 of 2012 (Ghanshyam Tiwari & others vs. State of U.P. & others). The order dated 7.9.2012 is quoted as under:- "The sole grievance raised of the petitioners in the present petition is as to whether the period spent on training prior to appointment as a Constable in the Police Department can be counted for granting them promotional pay scale. I have heard Shri Rajesh Singh, learned counsel for the petitioners. This issue was examined by this Court in Writ Petition No. 24910 of 2006 and the petition was allowed with the following observations:- "Thus, for the reasons stated above, the respondents are not justified in not counting the period spent in training for the purposes of calculating 24 years of service for grant of promotional pay scale to the petitioners. The writ petition is allowed with a direction to the respondents to count the training period of the petitioners for the purposes of granting second promotional pay scale." Thus, for the reasons stated in the judgment and order dated 8th April, 2009 passed in the aforesaid Writ Petition No. 24910 of 2006, this petition deserves to be allowed and is allowed. The respondents shall count the training period of the petitioners for the purposes of granting second promotional pay scale.";