HABIB ALI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Pradeep Sharma, learned counsel for the petitioner as well as learned Standing Counsel for the opposite parties.

(2.) The petitioner herein has challenged the judgment of U. P. Public Services Tribunal dated 07.06.2007 passed in Claim Petition No. 1640 of 1994 whereby the claim petition filed by the petitioner seeking promotion as Assistant Grade-III in the U. P. Avas Evam Vikas Parishad with effect from the date of promotion of his juniors, has been dismissed on the ground of being barred by limitation prescribed under the U. P. Public Services Tribunal Act, 1976. He has also challenged the judgment dated 05.09.2007 whereby the review petition no. 61 of 2007 has also been dismissed.

(3.) The contention of learned counsel for the petitioner is that the persons junior to him i.e. opposite parties nos. 5 and 6 before the Tribunal were considered and promoted to the post in question in the year 1984 but the petitioner was not selected. The petitioner again applied for being considered for promotion to Class-III post in the year 1992 but again he was not promoted. It is said that the petitioner preferred representations dated 11.09.1984 and 24.01.1986 which remained pending. As the matter of the petitioner was under consideration, therefore, he did not approach the Tribunal earlier and filed the claim in question only in the year 1994. Therefore, the rejection of claim of the petitioner on the ground of limitation was not justified. For the same reason the rejection of the review petition was also not justified. The petitioner had clearly disclosed the dispatch number relating to the representations submitted by him, therefore, his claim could not be said to be barred by time. In support of his contention the learned counsel for the petitioner has relied upon the following judgments:--