Hon'ble Dr. Satish Chandra,J.
Heard learned Standing Counsel for the petitioner. Learned Standing Counsel submits that the respondent no. 1 was promoted as Assistant Engineer on 28.10.1983. His representation was considered, and he was notionally promoted on the post on 06.03.1982. The Tribunal has erred in law in allowing the claim petition and in declaring that the respondent no. 1, was entitled for promotion from September 1981 or early next month i.e October, 1981 when he obtained graduate degree in engineering. The Tribunal failed to consider that the claim of the petitioner for promotion could not be considered except after approval of UPSC and that there was no statutory rule to consider him for promotion as soon as he had passed the course. He was considered for promotion as a graduate engineer and was notionally promoted w.e.f. 06.03.1982. She submits that the claim petition was filed after a long delay of about twenty years. The matters requires consideration.
Issue notice to respondent no.1. Steps in a week. List after six weeks. Untill further orders, the effect and operation of the judgment and order dated 07.03.2007 passed by the U.P. State Public Services Tribunal, Lucknow shall remain stayed.
Order Date :- 6.1.2010 VNP/-