Judgment [Per: Hon'ble Justice J.C.S. Rawat, Chairman]

This claim petition has been filed by the petitioner for the following relief:

"In view of the facts mentioned in Para 6 above, the applicant prays for the following relief:

(i) That an order or direction to quash the reversion order dated 2.9.2006 (contained as Annexure-1) be passed.

(ii) That an order or direction to the opposite parties be passed to allow the petitioner to work and pay the arrears of salary of the post of Junior Clerk with all consequential benefits.

(iii) That any relief, which this Hon'ble Tribunal may deem fit and proper in the interest of justice, be passed.

(iv) That the cost of the petition be awarded to petitioner."

2. The petitioner was initially appointed in the Health Department as Lab Assistant pursuant to the order dated 8.2.1978 and he joined the services on 12.2.1978. Thereafter the petitioner was promoted as Junior Clerk on 21.7.1987 by order of the Joint Director, Medical Health and he was confirmed on the said post. The petitioner was reverted back to the post of Lab Assistant on 30.10.1997 and was placed as Class-IV employee as Lab Assistant in the establishment. The said promotion of petitioner in the year 1997 was challenged before the U.P. Public Services Tribunal and the said claim petition was partly allowed by the Tribunal. The claim petition was preferred by one Smt. Savitri Arya, who was aggrieved by the said promotion of the petitioner as she being senior to the petitioner, was left over by the department concerned. The petitioner had been serving as Junior Clerk for the last 10 years and he has been abruptly reverted back to the post of Lab Assistant without any rhyme and reason in the year 1997. The said matter was challenged before the Hon'ble High Court of Lucknow Bench in writ petition and the matter was transferred to the Hon'ble Uttarakhand High Court. The Hon'ble Uttarakhand High Court set aside the reversion order and directed to reinstate the petitioner on the post of Junior Clerk on which post he has been working at the time of reversion and the liberty was given to the respondents to pass a fresh order if the circumstances so requires after affording an opportunity of hearing to the petitioner. The said order of the Hon'ble Court was passed on the ground that the petitioner had not been given an opportunity of hearing before passing the impugned order dated 30.10.1997. The writ petition was allowed on 7.7.2005 by the Hon'ble Uttarakhand High Court. The petitioner was given joining as Junior Clerk under the C.M.O., Champawat. Again the petitioner was given a show cause notice by the respondents and the petitioner submitted his reply to the show cause notice to the respondents within the stipulated period. The petitioner was again reverted back to the Class IV post of Lab Assistant by the impugned order. The petitioner has further alleged in his petition that the father of the petitioner died on 12.11.1977 during his services and the petitioner was entitled for appointment on the Class III post as per his qualification but the petitioner was appointed on the Class IV post as Lab Assistant not in accordance with Dying in Harness Rules, likewise other daily wagers, who were working since 1976 with him. The petitioner was neither given benefit under Dying in Harness Rules nor he was given compassionate appointment. The petitioner was entitled for the Class III post on the compassionate ground as per his qualification. The petitioner made a representation on 25.11.1977 requesting to the Joint Director, Medical Health Department, Patwadangar, Nainital to give him appointment under the Dying in Harness Rules in place of his father according to his qualification to meet the distress of the family of the deceased father. The petitioner was making representation since long after the appointment as Lab Assistant. Ultimately, the Joint Director made his appointment and promotion in the year 1987 as Junior Clerk. The petitioner has fur

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