PRADEEP KANT, K. S. RAKHRA, JJ.

( 1 ) HEARD learned Counsel for the petitioner Sri S. K. Tewari and Sri Navneet Agarwal for the state.

( 2 ) THIS is part-heard matter of this Bench since before and, therefore, it has been listed today before this Bench for hearing.

( 3 ) THE petitioner, who was Lekhpal in Tehsil Amethi, district Sultanpur, was dismissed from service after departmental inquiry vide order dated 15. 6. 1987. The petitioner preferred statutory appeal on 30. 6. 1987. The appeal, according to the petitioner, remained pending for considerable period and despite repeated reminders being made, the appellate authority (District Magistrate)did not pass any order on the appeal. Feeling aggrieved the petitioner preferred a claim petition under Section 4 of the U. P. Public Services (Tribunal) Act, 1976 (hereinafter called the Act) in the year 2000. In the claim petition, the petitioner averred that he filed the statutory appeal on 30. 6. 1987, which was registered in the office of the District Magistrate on 2. 7. 1987 but the same has yet not been decided.

( 4 ) IT appears that the State took a defence that the claim petition was barred by limitation, which was one year at the r

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