Heard Sri V. K. Srivastava, learned counsel for the petitioner and Sri I.M Pandey for opposite party no. 4 and learned Standing Counsel for official opposite parties.

2. By means of this writ petition the petitioner has challenged the judgment dated 17.12.2014 passed by the U.P. Public Service Tribunal, Lucknow in Claim Petition No. 687 of 2006 filed by opposite party no.4, Ram Shanker Dwivedi.

3. The post of State Radio Officer is a promotional post as per Rule 5 (iii) of the U.P. Police Radio Service Rules, 1979. However, the proviso to the said rule provides that if no suitable person is available for promotion, the post may be filled by direct recruitment. The petitioner herein was appointed as State Radio Officer through U.P. Public Service Commission by way of direct recruitment vide order dated 13.11.1998 under the proviso to the aforesaid Rule whereas opposite party no. 4 was promoted against the said post as per Rules on 18.11.1998. The opposite party no. 4 raised a seniority dispute before the authorities claiming placement in the seniority list above the petitioner, relying upon the provisions contained in Rule 22 of the Service Rules of 1979 as also Rule 8(3) of