K.C.Agrawal, J. - (1.) This petition under Article 226 of the Constitution has been preferred by Hari Shanker Lal against the judgment and order dated, 1-4-1979 passed by the Services Tribunal appointed under the U.P. Public Services (Tribunals) Act, 1976 (hereinafter referred to as 'the Act').
(2.) The petitioner was appointed as a Stenographer to the Executive Engineer in the f Circle, Irrigation Department, U.P., on 13-7-1945. He was working as Stenographer in the office of the Additional Chief Engineer, Gorakhpur in 1971, when he was transferred by the order of the Chief Engineer, Irrigation Department, Lucknow Office to Additional Chief Egnieer, Ram Ganga Project, Kalagarh, vide No. 5203/E-4, dated 10-5-1971, and this order was endorsed to the Additional Chief Engineer, Gandak, Gorakhpur, vide endorsement No. 3266 1GP, dated 3-6-1971, for necessary action. Subsequently, the petitioner was relieved on 5-7-1971. The petitioner did not join at the transferred place. A he was avoiding to handover, the petitioner was informed also on 6-6-1971 at Gorakhpur Headquarters to proceed to his transferred place, that is, Kalagarh. Instead of joining his Service, the petitioner filed Writ Petition No. 1139 of 1975 in the Lucknow Bench of the Allahabad High Court Challenging the validity of his transfer order. He stated therein that he was attending the officer of the Chief Engineer, Irrigation Department, as a Stenographer regularly. On the strength of the said averment, the Lucknow Bench passed an interim order directing the State Government to make payment of his salary at the rate which had been drawn in May 1971. The writ petition remained pending in the High Court and, thereafter, it was abated on 18-9-1977, in view of the amended Article 226 of the constitution read with Section 58(2) of the Constitution. Forty Second Amendment, 1976. As a result of dismissal of the writ petition, the stay order stood automatically vacated. The petitioner was thereafter stooped payment of salary as the petitioner had not worked during the period for which he was paid salary under the ex-parte order of the High Court.
(3.) On 1-4-1979, the petitioner filed Claim Petition No. 834-1 of 1979 1 before the Services Tribunal. The reliefs claimed by him in this petition were as follow:- "Therefore, it is respectfully prayed : (a) That this Hon'ble Tribunal be pleased to set aside the order of the Additional Chief Engineer, Gandak, dated 5-6-1971 contained enclosure 2 to the Annexure 1 filed with this claim petition by issuing a suitable order or direction. (b) That this Hon'ble Tribunal be pleased to issue an order or direction directing the opposite parties Nos. 1 and 2 to post him as Circle Head Assistant with effect from the date 14-11-1967 when orders promoting his junior Sri Sunder Lal Bhatnagar was issued, fix his pay and given him seniority accordingly. (c) That this Hon'ble Tribunal be pleased to issue an order on direction directing the opposite parties No. 2 to pay the salary from 1-5-1971 to date as due to him fixing his pay as per new orientation of pay scales and giving him due increments, pay his T. As. (2 Nos.) bills amounting to Rs. 63/10 and 228,25, house rent and other benefits as due to him with effect from 1-6-1971 to date. (d) That this Hon'ble Tribunal may pass such other order which just and appropriate directing the opposite parties to pay costs of the suit.";