STATE OF U.P. Vs. GIRISH CHANDRA UPADHYAY

JUDGEMENT

(1.) Heard Smt. Subhash Rathi, learned Additional Chief Standing Counsel for the petitioners-State and Sri N.K.Pandey, learned counsel for the sole respondent.

(2.) By means of this writ petition, the State of U.P. has challenged the judgement and order dated 21st January, 2013 passed by the State Public Services Tribunal, Lucknow in Claim Petition No. 169 of 2012 filed by the respondent, whereby the Tribunal has directed the petitioners herein to promote the respondent notionally on the post of Assistant Engineer w.e.f. 1st July, 1979 and give all consequential service benefits to him, as per judgement and order of the Supreme Court passed in the case of Govind Prasad Vs. R.G.Prasad and others, 1994 SCC(L&S) 579.

(3.) Factual matrix of the case is that initially the respondent was appointed as Junior Engineer in Public Works Department on 1st August, 1973. Thereafter he was considered and selected for promotion to the post of Assistant Engineer in the selection held in the year 1981-82 by the Public Service Commission and the select list so prepared was approved and published vide Office-memo dated 5th November, 1983. Then, he was promoted and appointed on the said post vide Office-memo dated 1st December, 1983 against the vacancies which occurred during the recruitment year 1979-80.