STATE OF U.P. Vs. PRAMOD KUMAR TEWARI

JUDGEMENT

(1.) Heard learned counsel for the State-petitioners and Sri Prateek Tewari, learned counsel representing the respondent no.1.

(2.) Under challenge in this petition filed under Article 226 of the Constitution of India is the judgment and order dtd. 8/6/2022, passed by U.P. Public Services Tribunal (hereinafter referred to as ''the Tribunal'), whereby the Claim Petition No.249 of 2021 filed by the respondent no.1-claimant has been allowed and while quashing the order dtd. 22/12/2020, whereby the respondent-claimant was denied promotion to the post of Head Assistant from the post of Senior Assistant, the State authorities have been directed to consider the case of the claimant for promotion to the said post and also to provide consequential benefits, including the benefit of third Assured Career Progression.

(3.) Submission of learned counsel for the State-petitioners is that the learned Tribunal has completely ignored the Government Order dtd. 25/3/1994 while allowing the claim petition and as a matter of fact on account of availability of a censure entry awarded to the claimant on 10/4/2017, he could not have been legally promoted to the post in question. It has been argued that the case of the claimant was considered by the Departmental Promotion Committed thrice i.e. on 13/10/2017, 28/3/2018 and 30/6/2020, however, because of availability of the censure entry awarded to the claimant on 10/4/2017 by all the three Departmental Promotion Committees his claim for promotion has rightly been rejected.