BIRENDRA MANI TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the petitioner in person and learned Standing Counsel.

(2.) BRIEF facts for deciding this writ petition are that petitioner was appointed on 07.12.1953 as Thelaman/peon in non scales group in Group 'D' and Shri Shiv Shanker Awasthi and Shri. Sohan Lal Sharma were appointed as Sales Attendant and Cleaner on 03.09.1957 and 06.07.1959 in group "D"post, respectively. According to the petitioner, Shri Awasthi was promoted and appointed as clerk on 11.12.1958; while the petitioner was promoted and appointed on 21.12.1961 from non scales group to Sales Group "C". It was alleged that the services of the petitioner were terminated vide order dated 17.01.1958, but he was reinstated in services vide order dated 17.08.1961. The period from termination to the date of reinstatement was treated as period spent on duty for all practical purposes. His services were again terminated by another order dated 11.12.1964. The said termination order was also withdrawn with full benefits and the petitioner resumed his duties on 17.03.1966. It was also alleged that when petitioner was on leave, he was treated to have resigned from service on 13.09.1966. He was again reinstated in services with full benefits in compliance with the Judgement and order dated 15.01.1971 passed by this Court. It was further alleged that petitioner was again punished and was reverted from Group 'C' to Group 'D' cadre. However, the Tribunal has set aside the order of reversion. Shri Sohan Lal Sharma was promoted on 01.10.1960 on the post of clerk who according to the petitioner was junior to him.

(3.) THE petitioner on this score, made representation for consideration of his promotion from the date when Shri. Awasthi junior to him was promoted from Group D post to Group C post i.e. from 21.12.1961. When the representation of the petitioner was not disposed of, he filed Claim Petition having number 310/T/11/85 before opposite party no. 4 i.e. State Public Services Tribunal, U.P, Lucknow (Hereinafter referred to as Tribunal). The Tribunal allowed the same vide order dated 05.11.1993 with direction to the opposite parties to consider the case of the petitioner for promotion on the post of Class III or other promotional post w.e.f. from the date on which Shri. Awasthi was promoted. It was further directed that in case the petitioner is found fit for promotion then he shall be granted all the benefits of pay and allowances along with revised pay scales.