Court No. - 29
Case :- WRIT - A No. - 63204 of 2017 Petitioner :- Sri Om Pratap Chaturvedi And 2 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Vinay Kumar Srivastava,Abhishek Srivastava,Tanu Roopanwal Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioners. Learned Standing Counsel has appeared for the respondents.
The claim of the petitioners under Section 4 of the State Public Services Tribunal Act, 1976 for the grant of notional promotion to the post of Non-Medical Supervisor w.e.f. 09.07.1977 has been rejected by the State Public Services Tribunal by the impugned order dated 21.07.2016.
The Tribunal has rejected the claim on the ground that the petitioners were promoted on the aforesaid post in the year 1991 and are seeking notional promotion w.e.f. 09.09.1977, the date on which a person junior to him was promoted, the claim was raised before the Tribunal in the year 2015. Thus, the petitioners have slept over their rights from 1977 or atleast 1991 and has allowed the claim to become dead. A dead claim like this cannot be permitted to be open after such a long gap of time in view of certain precedents of the highest court of the country.
We also subscribe to the view expressed by the Tribunal and since the petitioners have accepted the promotion in the year 1991 and that too without any reservation or protest, they cannot be permitted to turn around and to claim promotion w.e.f. 1977. Moreover, as held by the Tribunal the claim made by the petitioners were virtually dead which could not have been revived by taking recourse to belated proceedings before the Tribunal.
The writ petition as such is devoid of merit and is dismissed.
Order Date :- 29.4.2019 piyush