RAVINDRA TYAGI Vs. U P PUBLIC SERVICES TRIBUNAL

JUDGEMENT

(1.) The petitioner, Ravindra Tyagi, of the U.P. Civil Services being a confirmed Naib Tahsildar, was promoted in the year 1968 as Tahsildar and continued to discharge functions as a Tahsildar for eight years. Thereafter, in the year 1976 he was promoted as a Deputy Collector and since then he had been serving as a Deputy Collector, but in an officiating capacity. He was looking forward to promotion in the senior scale in the Provincial Civil Services Cadre, as a matter of right. This promotion was eluding him. It is on record, and not denied, that the petitioner was one of the senior-most Tahsildars in the seniority list maintained by the State of U.P. There is also no issue on the fact that he is also one of the senior-most in the seniority list of the Provincial Civil Services cadre. Upon finding that the promotion was dodging his right, the petitioner laid a claim petition before the U.P. Public Services Tribunal (3) Lucknow. This did not meet with success. It was dismissed on 10 July, 1987. In effect, the Tribunal virtually felt that this was a petty master. Frustrated with the Tribunal's decision, the petitioner filed this writ petition before this Court.

(2.) The petitioner pleaded discrimination on inequality in State Services between similarly situated persons. Those junior to him had been promoted as Deputy Collectors in the senior scale but he continued to act as an officiating Deputy Collector. Thus, the petitioner contended violation of Article 16 of the Constitution of India.

(3.) In defence, the State came out with two submissions in trying to explain before the court why promotion had not been granted to the petitioner. The defence of the State was that (a) the petitioner has yet to pass the departmental examination and (b) complete the treasury training. Inevitablly, the case of the State was that the petition should be dismissed.