JUDGMENT :

Manoj Kumar Tiwari, J.

State of Uttarakhand has challenged judgment and order dated 29.11.2022 passed by learned Public Services Tribunal, Uttarakhand in Claim Petition No. 114/DB/2022. By the said judgment, claim petition filed by Manu Kumar (respondent no. 1 herein) was allowed and two orders passed by Engineer-in-Chief, Uttarakhand Irrigation Department were set aside. By the first order dated 02.02.2022, year of recruitment of respondent no. 1 on the post of Junior Engineer was changed from 2013-14 to 2014-15 and the date of his promotion to the post of Junior Engineer (Civil) was altered from 24.02.2014 to 01.07.2014. By the second order dated 02.02.2022, respondent no. 1 was brought down in the final seniority list of Junior Engineers, issued on 30.12.2017, from serial number 510 to serial number 859A. These two orders have been set aside by learned Tribunal. Relevant extract of the impugned judgment is reproduced below:-

“8. Having remained complacent for a good number of years, private respondents (not turned up, despite service of notices upon them) cannot turn around and say that notwithstanding their inaction, they should be kept above the petitioner in the long