Court No. - 34
Case :- WRIT - A No. - 15785 of 2013 Petitioner :- Rajesh Kumar Srivastava Respondent :- State Of U.P.Thru Principal Secretary & Ors. Counsel for Petitioner :- Siddharth Khare,Ashok Khare Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Ifaqat Ali Khan,J.
1. Sri Ashok Khare, Senior Advocate assisted by Sri Sunil Kumar Srivastava, learned counsel for petitioner and learned Standing Counsel.
2. This writ petition is directed against judgement and order dated 15 January, 2013 passed by State Public Services Tribunal (hereinafter referred to as "Tribunal") in Claim Petition No. 1244 of 2011 Tribunal has rejected Claim Petition of petitioner and confirmed order dated 17.06.2011 whereby pay fixation of petitioner was revised. Petitioner was given promotion as Senior Clerk vide order dated 20.10.2005 petitioner did not join in promoted post within time mentioned therein, therefore, order of promotion was temporarily forfeited vide order dated 29.04.2006 issued by Superintendent Engineer Gandak Baar Mandal, Gorakhpur pursuant to Engineer-in-Chiefs order dated 15.02.2006. Pay fixation was done by respondents, since petitioner was allowed promotional pay scale from 29.04.2006, though promotion was accepted by petitioner and therefore, time bound promotional scale also could not have been given to petitioner, in view of condition no. 4 mentioned in Government Order dated 02.12.2000 which read as under:
^^fdlh vf/kdkjh@deZpkjh dh okLrfod izksUufr gksus dh n'kk esa ;fn og izksUufr ds in ij tkus ls badkj djrk gS rks mls ml frfFk rFkk mlds i'pkr~ dh frfFk ls ns; lsok vof/k ds vk/kkj ij lsysD'ku xzsM ds ykHk ds :i esa ,d osruo`f) vFkok oS;fDrd izksUurh;@ vxyk osrueku dk ykHk vuqeU; ugha gksxkA bl lEcU/k esa ;g Hkh Li"V fd;k tkrk gS fd lsysD'ku xzsM@lsysD'ku xzsM ds ykHk ds :i es ,d vfrfjDr osruo`f) rFkk oS;fDrd izksUurh; osrueku@ vxyk mPp osrueku fdlh in@ loxZ es izksUufr ds volj ds vHkko dks n`f"Vxr j[krs gq, iznku fd;s x;s gS] vr% okLrfod izksUufr ls badkj djus okys deZpkfj;ksa ds ekeys esa lsok esa o`f)jks/k ugha ekuk tk ldrk gSA^^
3. In these fact and circumstances since wrong promotional scale was given to petitioner that was revised vide order dated 17.06.2011 and this order has been upheld by Tribunal.
4. Learned counsel for petitioner submitted that whatever benefit was already given to petitioner that could not have been recalled. We find that benefit of promotional scale w.e.f 29.04.2006 was wrongly allowed to petitioner, since petitioner has not accepted promotion by joining on promoted post within time and order of promotion was temporarily forfeited which was never challenged.
5. In these facts and circumstances of case we find no manifest error in the judgment & order passed by Tribunal which has been challenged in this Writ Petition. Writ petition lacks merits. Dismissed.
Order Date :- 26.4.2018 Vikram