JUDGMENT :

Subhash Upadhyay, J.

The present writ petition has been filed with thefollowing prayer:-

“i) Issue a writ, Rule or direction in the nature of certiorari to set aside/quash the impugned judgment and order dated 04.10.2024, (contained as Annexure No. 1 to this Writ Petition) passed by Learned Public Service Tribunal Bench at Nainital, in claim petition no. 69/NB/DB of 2023, titled as "Amar Jeet Singh Vs. Stateof Uttarakhand & Others".

ii) To declare, an office letter dated 05.04.2023, as arbitrary, illegal and unconstitutional (Annexure No. 3 tothis writ petition).

iii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to grant the benefit of the III Promotional Pay Scale with Grade Pay 5400/- after completion of 26 years services i.e. w.f.e.12.06.2012, with arrears and other consequentialmonetary benefits.”

2. Brief facts of the case, as narrated in the writ petition, are that, petitioner was appointed as Assistant Agriculture Officer Grade-III vide order dated 12.06.1986 and, on the basis of the recommendation of the Departmental Screening Committee, the petitioner was granted the second promotional pay-scale in the grade pay of Rs. 4200 after completing 16 years of satisfactory service.

3. The petitioner contends that he is entitled for the third promotional pay-scale in the grade pay of Rs. 5400 after completion of 26 years of service w.e.f. 12.06.2012, however, the said benefit has been denied to the petitioner on the basis of the adverse entry for the year 2010-11 which was not communicated to him.

4. Learned counsel for the petitioner submits that earlier a Claim Petition No.28/NB/SB of 2021 was filed before the learned Public Service Tribunal, Dehradun with the following prayers:-

“i) To quash and set aside the screening committee report dated 22.05.2020, so far it relates to the petitioner as w.e.f. as the order dated 27.05.2020, passed by the respondent no.3.

ii) Issue a suitable order or direction, to the respondents to give the IIIrd Promotional Pay Scale carrying Grade Pay of Rs. 5,400/- on completion of 26 years of services i.e. w.e.f. 12.06.2012 with arrears.

iii) To issue any other suitable order or direction which this Hon'ble Tribunal may deem fit and proper under the circumstances of the facts and circumstances of the case.”

5. Learned Public Service Tribunal was pleased to pass an order on 21.12.2022 by which the respondents were directed to consider the representation of the petitioner against the entries of the year 2010-11 within 120 days from the date of passing of the order and, in case the entries are upgraded, further action was to be taken in the next two months with regard to grant of third promotional pay-scale in the grade pay of Rs. 5400 after completing 26 years of service.

6. The petitioner contends that the said representation was rejected vide order dated 05.04.2023 and the said order was assailed in Claim Petition No.69/NB/DB of 2023 which was decided on 04.10.2024 against which the present writ petition has been filed.

7. The learned counsel for the petitioner contends that the order passed by the learned Public Service Tribunal is against the judgment and order passed by the Hon’ble Apex Court in the case of Devdutt Vs. Union of India and Others, AIR 2008 SC 2513, Sukhdev Singh Vs. Union of India and Others, AIR 2013 SC 2741 and Prabhu Dayal Khandelwal Vs. Chairman, Union Public Service Commission and Others, reported in AIR 2015 SC 3057 and is also against the Rule 56 of U.P. Fundamental Rules as contained in Financial Handbook Volume 2 to 4.

8. Per contra, learned counsel for the State submits that the judgments referred by the petitioner are not applicable in the present case as against the petitioner departmental proceedings were initiated in which recovery of an amount of Rs. 2,42,205/- was issued and writ petitioner was given a warning for future and his act was reprimanded. The petitioner did not challenge the said order of recovery, warning and reprim