- (1.) PETITIONER Kanhaiya Singh has filed this Writ Petition under Article 226 of the Constitution of India with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned judgement and order dated 25.2.2000 (Annexure No.1 to the petition) passed by State Public Services Tribunal, Indira Bhawan, Lucknow in Claim Petition No. 116(F)/IV/1992, Kanhaiya Singh Vs. State of U.P. and another as well as impugned order dated 19.01.1983 (Annexure No.2 to the writ petition) passed by respondent no.2 and impugned orders dated 10.07.1991 and 06.03.1992 (Annexures No. 3 & 4 respectively to the writ petition) passed by respondent no.1. He has further prayed to issue a writ of mandamus directing the respondent to upgrade the salary of the petitioner according to rule 22 -B of the Fundamental Rules and to issue any other writ, order or direction which this Court may deem fit and proper in the circumstances of the case.
(2.) WE have heard Sri Upendra Nath Misra, learned counsel for the petitioner and Sri Sanjay Bhasin, Addl. Chief Standing Counsel for the respondent.
(3.) LEARNED counsel for the petitioner contended that the petitioner initially entered into service on 19.6.1970 as temporary Senior Scientific Assistant (in short S.S.A.) in the Instruments Research and Development Establishment, Dehradum under the Ministry of Defence in Government of India. Later on, in pursuance to Rules 3 and 4 of the Central Civil Services (Temporary Services) Rules, 1965 the competent authority on being satisfied with the quality of work, conduct and character of the petitioner appointed him in quasi permanent capacity under the Government of India on the post of S.S.A. w.e.f. 19.06.1973. During the period of service in the Instrument Research and Development Establishment, Dehradun he applied through proper channel for appointment on the post of Junior Economist and Statistician in the Oil and Natural Gas Commission and also appeared in the U.P. Combined State Services Examination, 1974 organised by the U.P. Public Service Commission. The petitioner was selected by the Oil and Natural Gas Commission for appointment on the post of Junior Economist and Statistician and consequently he was relieved from I.R.D. Establishment, Dehradun on 10.11.1975 but his lien was allowed to be maintained for two years from 11.11.1975 to 10.11.1977. Thereafter while he was working in the O.N.G.C., he got appointment in the Uttar Pradesh Sales Tax Service (Group -B) on the post of Sales Tax Officer and joined on the post of Sales Tax Officer in Uttar Pradesh on 19.08.1976 after giving proper information to his parent department i.e. I.R. and D., Establishment, Dehradun. Learned counsel for the petitioner further contended that the petitioner after joining the post of Sales Tax Officer made repeated representations to respondents no.1 and 2 that he was entitled to the benefits of his past services rendered in I.R. and D. Establishment, Dehradun, but respondents no. 1 and 2 did not accept the claim of the petitioner and accordingly did not extend any benefit of his services under Central Government in fixation of pay or pension. Orders passed by respondents no.1 and 2 in this respect are Annexures no.2,3 and 4. Thereafter, the petitioner filed aforesaid Claim Petition before State Public Services Tribunal, Indira Bhawan, Lucknow with the prayer to quash the orders dated 19.1.1983, 10.7.1991 and 6.3.1992 (Annexure nos. 2, 3 and 4 respectively to the writ petition.) and to revise his pay and to take into account the period of service rendered under Central Government for retiral benefits but the Tribunal dismissed the said Claim Petition filed by the petitioner.;