ORDER :

(Karunesh Singh Pawar, J.)

1. Heard Sri Prabhat Kumar, learned counsel for the petitioner, learned Standing Counsel for the State-opposite parties and perused the record.

2. By means of this petition, the petitioner has prayed for the following final reliefs:

"a. Issue a writ, order or direction in the nature of certiorari thereby quashing the part of impugned order dated 3.4.2012 passed by opposite party no. 2 as contained in Annexure No. 1 to this writ petition, which only provides notional promotion without arrears of salary against Subordinate Agriculture Service Group-II (Class III) post since 24.01.1980 to the petitioner.

b. Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite party no. 2 to provide the petitioner regular promotion in Subordinate Agriculture Service GroupII(Class-III) post since 24.01.1980 along with 12% interest."

3. Learned counsel for the petitioner submits that petitioner was appointed on 24.06.1966 in the Subordinate Agriculture Service (S.A.S.) Group-III as Assistant Soil Conservation Inspector in the office of Bhomi Sanrakshan Adhikari, Etawah. He was confirmed on 01.01.1974. He was given promotion on 20.11.1999 in the higher post of Group-II and he retired on 30.06.2005 in the pay Scale of Rs. 5000-8000/-. However, the petitioner was not considered for promotion in time. The opposite parties while considering the promotion of the petitioner, have adopted the pick and choose policy and given promotion to number of employees who were junior to the petitioner since 1980. Similarly situated some persons filed Claim Petition No. 613/(I)/(II)/80; Shiv Shanker Tripathi and others Vs. State of U.P. and others before the U.P. Public Service Tribunal, which was allowed on 07.12.1985 and a direction for promotion including pay allowances etc. was also given with retrospective effect.

4. The order passed by the Tribunal dated 07.12.1985 was challenged before this Court by filing a Writ Petition No. 1782 of 1988; State of U.P. and another Vs. Sri Sheo Shankar Tripathi and Others which was upheld vide order dated 01.08.1991 passed by this Court. The order of this Court dated 01.08.1991 was challenged before Hon'ble Apex Court in Special Leave Petition no.10199/92 which was also dismissed on 30.08.1996 confirming the order passed by the High Court and the learned Tribunal.

5. In the meantime, some other superseded employees filed a Claim Petition No. 1079 of 2012 before the learned Tribunal and that Claim Petition was also allowed vide judgment and order dated 19.10.2012 passed by the Tribunal. The order of the Tribunal dated 19.10.2012 was again assailed by filing a Writ Petition No. 384(SB) of 2013; State of U.P. and another Vs. Satya Pal Singh and Another. The Division Bench of this Court vide order dated 18.03.2013 had again upheld the order passed by the learned Tribunal.

6. Learned counsel for the petitioner further submits that some more employees who were similarly situated, like the petitioner, had approached directly to this Court by filing Writ Petition No. 6368 (SS) of 1997; Gokaran Prasad Kanaujia and others Vs. State of U.P. and Others, which was allowed vide judgment and order dated 19th of May, 2006. The order is on record (Annexure No. 3). After this, the petitioner after representing the department had filed a Writ Petition No. 986(SS) of 2012 which was disposed of in terms of the judgment and order dated 19th of May, 2006 passed in Writ Petition No. 6368(SS) of 1997, vide order dated 23.02.2012. The order dated 23.02.2012 passed by this Court in Writ Petition No. 986(SS) of 2012 is extracted below:

"Notice on behalf of opposite parties has been accepted by the learned Chief Standing Counsel.

The petitioners have approached this Court under Article 226 of the Constitution of India with the grievance that they are entitled for the promotional pay-scale from the date their juniors were given in Subordinate Agriculture Services Group-II (Class-III