U P KHADI AND VILLAGE INDUSTRIES BOARD, 8 TILAK MARG, LUCKNOW THROUGH ITS CHIEF EXECUTIVE OFFICER AND TWO OTHERS Vs. UMA SHANKAR PANDEY SON OF LATE SRI S K PANDEY, RESIDENT OF 588, A B NAGAR, UNNAO AND ANOTHER

JUDGEMENT

(1.) This Writ Petition has been filed under Article 226 of the Constitution of India with following relief-

(2.) By order dated 12.09.2013 U. P Public Service Tribunal, Lucknow has directed the Petitioners to consider to promote the respondent party no-1 with all consequential benefits to the post of Manager Gramodyog with effect from 18.10.1996, the date Sri N K Dixit was promoted and also to pay deference of salary w.e.f 18.12.1990 till 21.12.2001 during the period of reversion as if no reversion order had ever been passed.

(3.) Brief facts necessary for disposal of this writ petition are that respondent no-1 was working on the post of Accountant with the petitioners. Respondent no-1 was appointed on the post of Assistant Development Officer-1 for hill Cadre in the pay scale of 570-1100 and posted at Dehradun vide order dated 05.09.1985 with the condition that if he returns to plain area within a period of three years, then he shall be treated to be reverted to his previous post. Later on vide order dated 01.09.1988 it was provided that even after three years, the officials promoted to the post of hill cadre would remain in hills. Respondent no-1 due to heart problem and illness of his daughter was attached to Unnao vide order dated 02.12.1988. Only vide order dated 10.08.1990 he was transferred to the hill cadre, whereupon he filed a petition in this Court wherein order was passed directing the petitioners to decide his representation. In compliance of direction representation was decided and vide order dated 15.09.1990 he was directed to join at Dehradun. Respondent no-1 did not join, hence vide order dated-17.12.1990 he was reverted to his original post of Accountant and posted at Mahrajganj. Feeling aggrieved by the order of his reversion respondent no-1 filed writ petition no-13452 of 1990 in which following order was passed:-