(1.) This writ petition is filed by the State challenging Annexure No. 1 order dated 11.12.2012 passed by the Public Services Tribunal Uttarakhand at Dehradun.
(2.) The respondent sought promotional pay scale. He was appointed as a Mistri on 19.03.1972. He was later promoted as Junior Engineer on 16.03.1990. He filed the petition before the Tribunal seeking promotional pay scale. The Tribunal found as follows:
(3.) Even though Mr. Pradeep Joshi, learned Standing Counsel made an attempt to argue that the respondent has been appointed as Tube Well Operator and, while so, he was promoted as Mistri and, thereafter, he secured second promotion as Junior Engineer and, therefore, he is not entitled to the benefit of second promotional pay-scale, there is absolutely no such case set up either before the Tribunal or even before this Court in the pleadings. Therefore, we cannot allow the petitioners to take such a plea.