STATE OF U P Vs. DEV RAJ VISHWAKARMA

JUDGEMENT

(1.) This bunch of writ petitions have been filed on behalf of the State of U. P. for quashing of judgment & order passed by the learned U. P. State Public Services Tribunal in different claim petitions.

(2.) In all these writ petitions a common legal issue is involved regarding the issuance of the directions by the learned Tribunal to the effect that where-ever there is a conflict of entries between those recorded by the Reporting Officer, Reviewing Authority or the Accepting Authority, the entry as is recorded by the Reporting Officer would prevail and should be read as the actual entry of the concerned government servant. Such a direction of the learned Tribunal is based on the reasoning that the Reviewing or the Accepting Authority while altering / changing the entry from a higher one (higher grading) to a lower one, has failed to record any justifiable reason for the same and the same were recorded in utter violation of the principles of natural justice. Accordingly, all the writ petitions are being considered and decided by means of the common judgment & order.

(3.) Writ Petition No. 479 (SB) of 2010 (State of U. P. & others vs. Dev Raj Vishwakarma & another) is taken up as a leading case in this judgment.