LAWS(ALL)-1996-9-28

V K SHUKLA Vs. STATE OF U P

Decided On September 20, 1996
V K SHUKLA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) S. Dikshit, J. Supplementary affidavit filed today. Let it be kept on record.

(2.) HEARD.

(3.) INITIALLY, petitioner preferred a Writ Petition No. 592 (SB) of 1996 before this Court but it was rejected on 30. 7. 96. on the ground of availability of alternative remedy by approaching the U. P. Public Service Tribunal. Petitioner, therefore, filed a Claim Petition No. 1218/96 against the action of the Departmental Promotion Committee along with an application for interim relief. Two more claim petition being Nos. 1221/96 and 1241/96 were also filed challenging both the adverse entries opposite parties in formed the Tribunal that one of the repre sentation preferred by the petitioner was rejected by the opposite parties on 21. 8. 96. In a way it was admitted by the opposite par ties that on the relevant date 7. 6. 96 when the Departmental Promotion Committee had met, representations against both the adverse entries were pending. The learned Tribunal initially directed the opposite par ties to keep one vacancy reserved for the petitioner and consider him in future for promotion, petitioner moved an applica tion for modification of this order. The learned Tribunal passed the interim order dt. 10. 9. 96 directing the opposite parties to consider the case of the petitioner in future ignoring both adverse entries which is under challenge in the present proceedings.