ASHWANI KUMAR MISHRA,J. - (1.) Petitioners are existing constables who have applied for appointment to the post of Sub Inspector in the direct recruitment quota and have been selected accordingly. They have approached this Court challenging an order dated 22.12.2015, passed by respondent no.1. This order records that while undergoing training the petitioners would only be treated as a trainee and would be entitled to stipend alone. Leave salary which was otherwise extended pursuant to a Government Order dated 16.9.1965 has been clarified as not being admissible to such class of persons. A prayer has further been made in the writ petition to direct the respondents to grant leave salary/allowances in addition to stipend admissible in light of the Govt. Order dated 16.9.1965 and the circular dated 3.11.1979 issued by the Deputy Director General of Police, Headquarter, Allahabad during the training of Sub Inspector.
(2.) Learned counsel for the petitioner has also placed reliance upon an order passed by the Apex Court in Transfer Case No.123 of 2017 dated 28.8.2019, which is extracted hereinafter:- "Transfer Case (Civil) No.123 of 2017 arises out of Civil Miscellaneous Writ Petition No.4603 of 2016 filed by the present applicants in the High Court of Judicature at Allahabad, in which following reliefs were sought: "a. Issue, a writ, order or direction, in the nature of certiorari, for quashing the impugned order dated 22/12/2015 passed by the Respondent No.6, the Deputy Inspector General of Police, Establishment, U.P. Police Headquarters, Allahabad, enclosed as Annexure, to the Writ Petition. b. Issue, a writ, order or direction, in the nature of mandamous, directing the Respondents, to pay the salary and allowances for the post of Sub-Inspector, during the training period and also to pay the arrears of difference of salary and other benefits to the petitioners."
(3.) It was submitted that the applicants, who were constables/Head Constables in the police service in the State, had succeeded in the limited departmental examination and were to undergo training, whereafter they would be appointed as Sub- Inspectors in the police service that they would be paid stipend during the period of training.;