Hon’ble Virendra Kumar-II, J.—This Writ Petition was dismissed for the want of prosecution vide order dated 11.12.2017. Thereafter, on the Recall Application No. 1946 of 2018 filed by the Petitioner, order dated 11.12.2017 was recalled vide order dated 6.2.2018 and this writ petition was heard on merits.

2. Heard Mr. Rakesh Kumar Nigam, learned Counsel for the petitioner and learned Standing Counsel.

3. This Writ Petition has been instituted on behalf of the Petitioner assailing order dated 5.5.2016 passed by Uttar Pradesh State Public Services Tribunals (hereinafter referred to as “Tribunal”) in Claim Petition No. 1918 of 2014: Janardan Lal v. State of U.P., whereby his claim regarding grant of 2nd Assured Career Progression (hereinafter referred to as “A.C.P.”) has been dismissed vide impugned judgment dated 5.5.2016.

4. It is pleaded in the grounds of Writ Petition that the petitioner after direct appointment joined on the post of Assistant Glass Technologist under the Directorate of Industries, Uttar Pradesh of 22.2.1992 and was granted selection grade vide order dated 18.10.2001 w.e.f. 22.2.2000 on completion of 08 of years service. He was promoted to the post of Deputy Director, General Manager vide order dated 11.10.2000.

5. It is mentioned by the Petitioner that State Government of Uttar Pradesh issued a Government Order dated 4.5.2010 allowing the benefit of 1st, 2nd and 3rd A.C.P. to its employees on completion of 10,18 and 26 years of service w.e.f. 1.12.2008. The aforesaid period was subsequently modified to 10, 16 and 26 years of service. This Government Order dated 4.5.2010 further provides that if the concerned employee has been promoted before grant of 1st A.C.P., then the next Grade Pay to grade pay, admissible on the promoted post, shall be allowed as of 2nd A.C.P. on completion of 08 years service after the promotion and then 3rd A.C.P. shall be allowed on further completion of 08 years service or total service of 26 years, whichever occurrs first.

6. It is contended by the petitioner that Government Order dated 4.5.2010 provides in Clause 6 that if disciplinary proceeding/criminal proceedings against an employee has been instituted then the grant of A.C.P. shall be governed by the same rules, by which the process of promotion is being governed.

7. Government Order dated 28.5.1997 issued by State Government prescribes the procedure of promotion in case of persons, against whom, the disciplinary proceeding/criminal proceedings are pending. It further provides that the cases of all persons including the person, against whom, the criminal proceeding/disciplinary proceedings are pending shall be placed before the Promotion/Selection Committee for consideration and the recommendation in respect of persons, against whom, the disciplinary proceeding/criminal proceedings are pending, shall be kept in sealed cover.

8. It is further contended that since the petitioner was promoted w.e.f. 11.10.2000 on the completion of 08 years of satisfactory service, therefore, as per provision of Sub-Clause (kha) of Clause 2 (i) of Government Order dated 4.5.2010, the Petitioner was entited for next grade pay in the form of 2nd A.C.P. on completion of 08 years of service from the date of promotion.

9. It is further mentioned that opposite parties/respondents had considered on 17.4.2012 the grant of 2nd A.C.P. to officers of the department as per provisions of Government Order dated 4.5.2010.

10. The petitioner has also contended that persons, namely, O.N. Trivedi, Ram Avatar, Praveen Kumar, D.P.Tewari and Surendra Singh mentioned at Serial No. 12,13,14, 15 and 16 in list of order dated 6.7.2012, were juniors to the petitioner and were granted next higher grade pay of Rs. 7600/- w.e.f. 1.12.2008. The petitioner has relied upon Seniority List (Annnexure-7) prepared by the department and it is alleged that petitioner has been placed at Serial No. 09, whereas the name of the above said junior persons are at Serial No. 30,41, 42