STATE OF U.P. Vs. RAM KISHORE NIGAM

JUDGEMENT

(1.) None appeared on behalf of respondent though it has been called in revise. Hence we proceed to decide this matter after hearing learned Standing Counsel for petitioners.

(2.) The claimant-respondent filed claim petition No. 1125 of 2005 seeking a direction that he should be considered for promotion with effect from 17.9.1992 when his juniors Om Prakash and others were promoted. The aforesaid claim petition has been allowed by State Public Services Tribunal (hereinafter referred to as 'Tribunal') vide judgment and order dated 26.7.2013.

(3.) Apparently, it is evident from record that against aforesaid non promotion of the claimant-respondent, he made representation on 12.1993 and it reveals that no action was taken but the claim petition was filed after 12 years i.e. in 2005. Tribunal has not looked into the question as to whether claim petition was within limitation or not. The provision for limitation for filing Claim Petition before Tribunal under Sec. 5 of U.P. Public Services (Tribunals) Act, 1976 (hereinafter referred to as "Act, 1976") reads as under: