Satya Poot Mehrotra, Pankaj Mithal, J. - (1.) THE present Writ Petition has been filed under Article 226 of the Constitution of India, inter-alia, praying for quashing the order dated 24.2.1995 passed by the U.P. State Public Services Tribunal (Respondent No. 2), and further, for directing the respondents to permit the petitioner to appear in the examination/consider for promotion to the post of Class III employee (Constable) and to treat the petitioner to have been promoted along with other employees/candidates of December, 1981 Batch and for payment of salary and other benefits to the petitioner accordingly.
(2.) IT appears that the petitioner who belongs to a Scheduled Caste was appointed on 17.4.1975 as a Class IV employee on the post of "Mochi". In December, 1981, a demand for the post of constable came from respondent No. 4 to be filled up by promotion from amongst the qualified Class IV employees. IT is averred by the petitioner that he fulfilled the eligibility criteria for promotion to Class III post of constable. However, in the meantime, by the order dated 1.4.1982, the services of the petitioner were terminated. The petitioner filed a Claim Petition No. 154/F/V/1982 before the U.P. State Public Services Tribunal challenging his termination. By the judgment and order dated 8.4.1986, the U.P. Public State Services Tribunal allowed the Claim Petition filed by the petitioner, and the termination order dated 1.4.1982 was quashed. It was further directed that the respondents would treat the petitioner in continuous service as if the order of termination had not been passed. The respondents were further directed to grant all benefits to the petitioner for his continuous service. Copy of the said judgment and order dated 8.4.1986 has been filed as Annexure-1 to the Writ Petition. Pursuant to the said judgment and order dated 8.4.1986, the petitioner was reinstated in service on 26.8.1986 on a Class IV post. The petitioner made representation for his promotion to Class III post. By the communication dated 28.1.1987 (Annexure-2 to the Writ Petition), the respondent No. 5 directed the petitioner as well as one Dhobi Lal to appear in the examination for promotion to Class III post, to be held on 30.1.1987 (Hindi Typing), 31.1.1987 (Hindi Essay and General Knowledge) and 1.2.1987 (Interview) at 10.00 a.m., on each of the said dates.
(3.) AS per the case of the petitioner, copy of the said communication dated 28.1.1987 was received by him on 29.1.1987. It further transpires that the petitioner could not appear in the said examination held for promotion to Class III post. In the circumstances, the petitioner filed a Claim Petition before the U.P. State Public Services Tribunal being Claim Petition No. 273/F/V/ 1987. Copy of the said Claim Petition has been filed as Annexure SA-1 to the Supplementary Affidavit filed on behalf of the petitioner in the present Writ Petition. In paragraph 14 of the Claim Petition, the petitioner stated as under: "14. That the claimant along with above said application reached Allahabad on 30.1.1987 for giving examination for promotion for the post of Constable (M) and went to police Head Quarters at about 9 A.M. The Office of the police Head Quarters told the claimant that he can not sit in the examination as he was out of service at the time of demand of the post. Then immediately approached the S.P. (Karmik) of the U.P. Police Head Quarter, but he did not permit the claimant to appear in the said examination for the post of constable (M). The claimant immediately gave an application and requested that the claimant may kindly be allowed to appear in the examination but he was not allowed to appear in the examination. A true copy of the letter dated 30.1.87 is being filed as Annexure No. 4 to this claim petition." The respondents filed Written Statement/Counter Affidavit in reply to the Claim Petition filed by the petitioner before the U.P. Public State Services Tribunal. The averments made in paragraph 14 of the Claim Petition were replied to in paragraph 14 of the Written statement/Counter Affidavit. The said paragraph 14 of the Written Statement/ Counter Affidavit is reproduced below : JUDGEMENT_2327_UPLBEC3_2011Image1.jpg JUDGEMENT_2327_UPLBEC3_2011Image2.jpg ;