JUDGMENT

Rajan Roy, J.

1. Heard Sri S.K. Kalia, learned Senior Advocate, assisted by Sri Sameer Kalia, learned Advocate for opposite party No. 1, Sri Pankaj Nath, learned Additional Chief Standing Counsel for the petitioner. The question involved in this writ petition is whether the claim petition filed by opposite party No. 1 was barred by limitation prescribed under Section 5(b) of the U.P. Public Services Tribunal Act, 1976 (hereinafter referred as 'the Act')? and whether the learned Tribunal has considered this issue in the right perspective?

2. If the answer to the aforesaid is in the negative, then it would not be necessary to consider the merits of the case, as decided by the Tribunal, if the answer is in the affirmative, it would be so required.

3. The Tribunal has been constituted under 'the Act' to adjudicate the disputes in respect of matters relating to employment of public servants as defined thereunder. Reference or claim petitions, as they are ordinarily referred, are filed before the Tribunal under Section 4 of the Act, which reads as under:

"Section 4. Reference of claim to Tribunal.--(1) Subject to the other provisions of this Act, a person who is or has been a public servant and is aggrieved by an order pertaining to a service matter within the jurisdiction of the Tribunal, may make a reference of claim to the Tribunal for the redressal of his grievance.

Explanation.--For the purpose of this sub-section "order" means an order or omission or in-action of the State Government or a local authority or any other Corporation or company referred to in Clause (b) of Section 2 or of an officer, committee or other body or agency of the State Government or such local authority or Corporation or company:

Provided that no reference shall, subject to the terms of any contract, be made in respect of a claim arising out of the transfer of a public servant.

Provided further that in the case of the death of a public servant, his legal representative, and where there are two or more such representatives, all of them jointly, may make a reference to the Tribunal for payment of salary, allowances, gratuity, provident fund, pension and other pecuniary benefits relating to services due to such pubic servant.

(2) Every reference under sub-section (1) shall be in such form and be accompanied by such documents or other evidence and by such fee in respect of filing of such reference and by such other fees for the services or execution of processes, as may be prescribed.

(3) On receipt of a reference under sub-section (1), the Tribunal shall, if satisfied after such inquiry as it may deem necessary that the reference is fit for adjudication or trial by it, admit such reference and where the Tribunal is not so satisfied, it shall summarily reject the reference after recording its reasons.

(4) Where a reference has been admitted by the Tribunal under sub-section (3), every proceeding under the relevant service rules or regulation or any contract as to redressal of grievances in relation to the subject-matter of such reference pending immediately before such admission shall abate, and save as otherwise directed by the Tribunal, no appeal or revision in relation to such matter shall thereafter be entertained under such rules, regulations or contract.

(5) The Tribunal shall not ordinarily admit a reference unless it is satisfied that the public servant has availed of all the remedies available to him under the relevant service rules, regulations or contract as to redressal of grievances.

(6) For the purpose of sub-section (5) a public servant shall be deemed to have availed of all the remedies available to him if a final order has been made by the State Government, an authority or officer thereof or other person competent to pass such order under such rules or regulations or contract rejecting any appeal preferred or representation made by such public servant in connection with the grievance:

Provided that where no final order is made by the State Gov