DEVI PRASAD SINGH, SUDHIR AGARWAL
STATE OF U. P. – Appellant
Versus
SURESH KUMAR – Respondent
Hon’ble Sudhir Agarwal, J.—This writ petition has been filed by State of U.P. through Principal Secretary, Kar Evam Nibandhan, and Commissioner of Commercial Tax U.P., Lucknow. They are aggrieved by order dated 16.4.2010 (Annexure-1 to the writ petition) of State Public Service Tribunal, U.P., Lucknow (hereinafter referred to as the “Tribunal”) in Claim Petition No. 287 of 2010 filed by respondent No. 1. The Tribunal vide judgment dated 16.4.2010, impugned in this writ petition, has allowed the claim petition and directed the present petitioners to accord benefit of Rule 5 of “U.P. Government Servants (Disposal of Representations Against Adverse Annual Confidential Reports and Allied Matters) Rules, 1995” (hereinafter referred to as the “1995 Rules”) to respondent No. 1 in respect to adverse remarks recorded for the year 2002-03 by Reviewing Authority and Accepting Authorities and not to treat the same adverse for the purposes of promotion, crossing of efficiency bar and other service matters of respondent No. 1. It has further directed the present petitioner to consider the case of respondent No. 1 for promotion with effect from the date his junior was promoted, i.e., 19.1
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