TULSI DAS AHIWAR Vs. STATE OF U P

JUDGEMENT

(1.) THE present Writ Petition has been filed under Article 226 of the Constitution of India, inter-alia, praying for quashing the order dated 24.2.1995 passed by the U.P. State Public Services Tribunal (Respondent No. 2), and further, for directing the respondents to permit the petitioner to appear in the examination/consider for promotion to the post of Class III employee (Constable) and to treat the petitioner to have been promoted along with other employees/candidates of December, 1981 Batch and for payment of salary and other benefits to the petitioner accordingly.

(2.) IT appears that the petitioner who belongs to a Scheduled Caste was appointed on 17.4.1975 as a Class IV employee on the post of "Mochi". In December, 1981, a demand for the post of constable came from respondent No. 4 to be filled up by promotion from amongst the qualified Class IV employees. IT is averred by the petitioner that he fulfilled the eligibility criteria for promotion to Class III post of constable. However, in the meantime, by the order dated 1.4.1982, the services of the petitioner were terminated.

(3.) AS per the case of the petitioner, copy of the said communication dated 28.1.1987 was received by him on 29.1.1987. It further transpires that the petitioner could not appear in the said examination held for promotion to Class III post. In the circumstances, the petitioner filed a Claim Petition before the U.P. State Public Services Tribunal being Claim Petition No. 273/F/V/ 1987. Copy of the said Claim Petition has been filed as Annexure SA-1 to the Supplementary Affidavit filed on behalf of the petitioner in the present Writ Petition. In paragraph 14 of the Claim Petition, the petitioner stated as under: