UMAKANT JOSHI Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) THE petitioner was inducted into the service of Directorate of Industries as a Manager (Marketing) on 23.4.1984. During the years 1996 and 1997, four chargesheets were issued against the petitioner. The aforesaid chargesheets dated 23.7.1996, 19.12.1996, 24.1.1997 and 14.3.1997 resulted in passing of a common order of punishment dated 23.1.1999. By the instant order dated 23.1.1999, the petitioner was down-graded to the minimum of the pay-scale of the post held by him. Additionally, an adverse entry of doubtful integrity was recorded in his Annual Confidential Report for the years 1995-96.

(2.) DISSATISFIED with the punishment order dated 23.1.1999, the petitioner addressed a representation dated 14.1.2000 while he was still in the employment of the composite State of Uttar Pradesh. After the reorganisation of the composite State of Uttar Pradesh, he addressed a second representation dated 23.12.2000. Through the aforesaid representations, he assailed the order dated 23.1.1999. When the respondents failed to take any action on the aforesaid representations, the petitioner approached the High Court of Judicature at Allahabad by filing Writ Petition (S/B) No. 1009 of 2001. The aforesaid writ petition was, however, disposed of by an order dated 18.4.2004 relegating the petitioner to his remedy before the Public Services Tribunal. It is therefore, that the claim raised by the petitioner so as to assail the order dated 23.1.1999 was examined by the Public Services Tribunal, Uttarakhand. Herein the claim application of the petitioner was numbered as 88 (T) of 2004.

(3.) SINCE the order dated 23.1.1999 had completely been wiped out, yet another order dated 11.8.2005 was passed by the respondents allowing to the petitioner all consequential benefits. The petitioner acknowledges that most of the consequential benefits have already been released to him. Only one benefit, namely, promotion to the post of General Manager in Class -1 service, which was accorded to one of the persons junior to the petitioner in the cadre of Manager (Marketing) with effect from 16.11.1989 had not been granted to him. Since the respondents did not consider the claim of the petitioner for promotion to the post of General Manager with effect from 16.11.1989, the petitioner approached this Court by filing the present writ petition.