SATISH CHANDRA,J. - (1.) WE have heard learned counsel and perused the pleadings of writ petition.
(2.) PETITIONER State by way of this writ petition has assailed the impugned judgment and order dated 12.07.2010 passed by the U.P. State Public Services Tribunal, Lucknow, in Claim Petition No.519 of 2010. Learned State Counsel submitted that the respondent suffered adverse entries in his ACR dossier while working as Jailor since 08.10.1998. That is why, his juniors were promoted over his head on 16.02.2009 as Superintendent (Jail). It is also submitted that his promotion was denied, in particular, on account of 4 censure entries dated 08.12.1999, 10.02.2006, 23.01.2009 and 23.03.2009. Learned counsel further submitted that the Tribunal should not have observed that on grant of selection grade to the respondent, the aforesaid adverse entries prior to that date namely 08.10.2006 stood automatically washed off, and thus the same could not have been made a basis for denying him promotion to the next higher post. It is also a submission of learned State Counsel that the Tribunal has wrongly directed the petitioner State to consider the case of respondent afresh for promotion to the post of Superintendent (Jail) with effect from 16.02.2010, the date when his juniors were granted promotion, and to grant him all consequential benefits as permissible under the Rules.
(3.) WE have considered the submission of learned State Counsel in the light of impugned judgment. The direction to consider the case of respondent for promotion to the higher post is contained in paragraph 6 of the judgment, which on reproduction reads as: "6. Accordingly, this reference petition is finally disposed of with a direction to the opposite parties to consider the case of the petitioner afresh for promotion to the post of Superintendent Jail with effect from 16.02.2010, the date of promotion of his junior and to grant him all consequential benefits as permissible under rules. The promotion, if made shall be subject to final decision of Claim Petitions Nos.387 of 2010 and 388 of 2010, which are pending at present, but interim stay has been granted." ;