Court No. - 34
Case :- WRIT - A No. - 5137 of 2015 Petitioner :- Dadhibal Respondent :- State Of U.P. And 6 Ors.
Counsel for Petitioner :- Bipin Bihari,O.P. Singh Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Mr. Bipin Bihari, learned counsel for petitioner, learned Standing Counsel for respondents -1 to 3.
2. This writ petition is directed against judgement and order dated 4.9.2014, passed by respondent-4 i.e. State Public Services Tribunal, Indira Bhawan, Luckow in Claim Petition No. 754 of 2005, whereby Tribunal has dismissed above mentioned claim petition filed by petitioner.
3. Petitioner claims that he should be granted promotion w.e.f. 24.5.1997, when persons junior to him in the seniority list were granted promotion. Claim of petitioner has been negated on the ground that petitioner was not in service in the period 1.9.1973 to 27.6.1974 and 1.9.1974 to 24.12.1974. Though aforesaid period of break in service has been regularized vide order dated 29.10.2013, yet petitioner is not liable to be promoted. Tribunal found that petitioner was placed at Serial No. 599 in the seniority list, whereas persons placed upto serial no. 235 in General Category and upto 491 in Reserved Category have been granted promotion on 24.5.1997. On aforesaid date, neither services of petitioner were regularized nor petitioner was within eligibility zone. Consequently, Tribunal rejected claim petition filed by petitioner.
4. When questioned, learned counsel for petitioner submitted that vide order dated 6.1.2016, petitioner has been granted notional promotion w.e.f . 24.5.1997 i.e. the date on which juniors to petitioner were promoted. Aforesaid order was passed as absence of petitioner from service during the period 1.9.1993 to 27.6.1974 and 1.9.1974 to 24.12.1974 has been washed of and accordingly, his seniority has been placed at Serial No. 358 (A).
5. In view of above, relief prayed for by petitioner has already been granted vide order dated 16.6.2016. Nothing further survives.
6. Writ petition is, accordingly, Dismissed.
Order Date :- 28.11.2019 Arshad