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2017 Supreme(All) 577

ALLAHABAD HIGH COURT
(Lucknow Bench)
BEFORE : SUDHIR AGARWAL AND VIRENDRA KUMAR-II, JJ.
PREM SWAROOP SINGHAL ....Petitioner
Versus
STATE OF U.P. AND OTHERS .....Respondents
(Civil Misc. Writ Petition (S/B) No. 851 of 2015, decided on 1st May, 2017)

Advocates:
Counsel :
K.S. Pawar for the Petitioner; C.S.C. for the Respondents.

Headnote:U.P. Public Services (Tribunals) Act, 1976—Section 5—Limitation—Selection grade—Claim petition before Tribunal—When selection grade was allowed to others ignoring claimant-respondent limitation expired on expiry of one year from date of aforesaid order—Claim Petition filed thereafter barred by limitation—Mere fact that subsequently representations were made and same were directed to be decided by Tribunal—Will not revive period of limitation which has already expired—Section 5 of Limitation Act, 1963 have no applicable in such case. [Paras 8 and 9]

       Result; Petition Dismissed.

       

JUDGMENT

By the Court.—Pursuant to order of date passed on Recall/Restoration Application, the writ petition is restored to its original number.

2. As requested and agreed by learned counsels for parties, we proceed to hear and decide this case finally at this stage.

3. This writ petition is directed against judgment and order dated 30.3.2015 passed by State Public Services Tribunal (hereinafter referred to as “Tribunal”) in Claim Petition No. 1141 of 2013 whereby Claim Petition has been rejected and order dated 22.4.2014 passed by State Government pursuant to an interim order dated 11.10.2013 passed by Tribunal in the aforesaid Claim Petition has been confirmed.

4. The dispute relates to the grant of selection grade to petitioner on the post of Superintending Engineer with effect from 1.8.2001. Petitioner, admittedly was appointed as Assistant Engineer on 18.12.1970, promoted as Executive Engineer in August’ 1988, promoted as Superintending Engineer by order dated 8.3.2001 and ultimately retired after attaining age of superannuation on 31.10.2005. His grievance is that by order dated 2.2.2006 selection grade was granted to 53 Superintending Engineers, which, according to petitioner, included some of his juniors and, therefore, he made representations and then filed aforesaid Claim Petition, initially seeking following relief:

“(i) The Hon’ble Tribunal kindly be pleased to issue directions to respondent to grant the selection grade of Superintending Engineer in the pay scale of Rs. 14300-18300 to petitioner w.e.f. 1.8.2001 with all consequential service benefits including arrears of salary & revised pensionary benefits after fixing his salary in the said selection grade alongwith interest @ 12% per annum w.e.f. date such amounts became due to him till the date of actual payment.”

5. By way of interim relief, petitioner requested before Tribunal that his representation dated 22.7.2013 be directed to be decided. Tribunal passed an interim order on 11.10.2013 directing respondents-authorities to decide representation dated 22.7.2013 and in the meantime respondents were also directed to file counter-affidavit. Pursuant to the aforesaid interim order, representation was considered and rejected by order dated 22.4.2014 giving reasons of petitioner’s non selection in Para-7 of the said order, as under:       

¼1½

o"kZ 1995&96

izfrdwy lalwfpr izR;kosnu vLohd`rA ¼flapkbZ vuqHkkx&1 'kklukns'k la0&553@27&1&01&03] fnukad 15-11-2003 }kjk o"kZ 1995&96 dh izfrdwy izfof"V ds fo:) fn;k x;k izR;kosnu vLohd`r fd;k x;kA½

¼2½

o"kZ 1999&2000 fuUnk izfof"V fuUnk izfof"V

fuUnk izfof"VA ¼flapkbZ vuqHkkx&6 'kklukns'k la0&1423@99&27&fla&6&122] fnuakd 21-04-1999 ,oa 'kklukns'k la[;k&1861@99&27&fla&6&142@98] fnukad 21-05-1999 }kjk fuUnk izfof"VA

¼3½

o"kZ 2001&02 dBksj psrkouh

flapkbZ vuqHkkx&2 ds 'kklukns'k la[;k&2433@2001&27&fla&2&17 vk0 ck0 fnukad 25-08-2001 }kjk dBksj psrkouhA

¼4½

o"kZ 2002&03 Lkpsr

flapkbZ vuqHkkx&1 ds 'kklukns'k la0&1075@27&1&2002&67 MCyw0ih0 fnuakd 18-03-2000 }kjk lpsrA

¼5½

o"kZ 2003&04 fo'ks"k izfrdwy izfof"V

flapkbZ vuqHkkx&10 ds 'kklukns'k la0&2614@2003&27&fla&10 fnukad 04-08-03 }kjk o"kZ 2003&04 esa fo'ks"k izfrdwy izfof"VA

¼6½

o"kZ 2004&05 fuyEcu

fuyEcu ls cgkyh vuq'kklfud dk;Zokgh ;Fkkor~A         

flapkbZ vuqHkkx&10 ds 'kklukns'k la0&1755 tkap@04&27&fla&10&99 fnukad 10-06-04 }kjk fuyfEcrA 'kklukns'k la0&3540 tkap@04&27&fla&10 fnukad 01-11-2004 }kjk cgky ,oa i= la0&381@fla 10] fnukad 08-06-05 }kjk vuq'kklfud dk;Zokgh ;Fkkor~ pyrs jgus dk vkns'kA

(1)

Year 1995-96

Adverse (Entry) communicated, Representation rejected.

(Vide Government Order No. -553/27-1-01-03, dated 15.11.2003 of Irrigation Section-1, the representation preferred against Adverse Entry for the year 1995-96, has


























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