Court No. - 4 Case :- SERVICE BENCH No. - 95 of 2010 Petitioner :- State Of U.P. Thru Prin. Secy. Cooperative & Ors. Respondent :- Ram Kripal Singh S/O Kedar Singh & Anr. Petitioner Counsel :- Standing Counsel Respondent Counsel :- C.S.C. Hon'ble Sunil Ambwani,J.
Hon’ble Dr. Satish Chandra,J.
Heard learned Standing Counsel. It is contended by him that the
Tribunal has entertained the claim petition for giving effect to the
promotion order made on 16.1.1989, after 17 years. It is submitted
that the petitioner was promoted on 16.1.1989 but that he did not
join on the promoted post. The Tribunal, therefore, was grossly in
error in directing that the petitioner will be permitted to join on the
promotional post. Shri Sanjay Bhasin, learned Standing Counsel
further submits that Section 5 (b) (i) of the U.P. Public Services
Tribunal Act, 1976 provides for limitation of one year from the
date of the order or when the representation is not decided after
six months from that date. The Tribunal did not have jurisdiction
to entertain the claim petition for implementing the promotion
order dated 16.1.1989 after 17 years and that it is not possible to
believe that the petitioner was not aware of the promotion.
Shri R.P. Verma has accepted notice on behalf of respondent
No.1. He prays for and is granted four weeks’ time to file counter
affidavit. The petitioner will have one week, thereafter, to file
rejoinder affidavit. List immediate, thereafter.
Until further orders, the effect and operation of the impugned
judgment dated 08.6.2009 passed by the U.P. State Public Services
Tribunal in Claim Petition No.777 of 2007 shall remain stayed.
Order Date :- 2.2.2010
SP/