Court No. - 34
Case :- WRIT - A No. - 59572 of 2014 Petitioner :- State of U.P. and others Respondent :- State Public Service Tribunal, U.P. and others Counsel for Petitioner :- V.K. Chandel
Hon'ble Sudhir Agarwal,J. Hon'ble Ifaqat Ali Khan,J.
1. This writ petition under Article 226 has been filed assailing judgment and order dated 19.06.2013 passed by U.P. State Public Services Tribunal, Lucknow (hereinafter referred to as “Tribunal”) allowing Claim Petition No. 1192 of 2012 directing petitioners to compute vacancies for the years 2007-08, 2008-09 and 2009-10 in the light of Rule 18 of U.P. Fire Service (Recruitment and Conditions of Service) Rules, 1945 and consider petitioners for promotion to the post of U.P. Fire Station Second Officer against the vacancies so computed/calculated.
2. Learned Standing Counsel could not dispute that claimants-respondents Jagdish Prasad Pandey, Dalbir Singh, Sri Niwas Sharma, Suresh Chandra Dubey, Ranjeet Bahadur Singh, Narendra Mishra, Ram Chandra Chaudhary and Sri Kamal Bahadur Singh have already retired and further three of claimants-respondents, namely, Dalbir Singh, Radhey Shyam Sharan Singh and Sri Niwas Sharma were already promoted out of which two have already retired. In effect, substantially the writ petition has rendered infructuous. Hence, at this stage, we do not find any justification to exercise our equitable discretionary jurisdiction under Article 226.
3. Dismissed.
Order Date :- 30.5.2018 PS