Vimlesh Kumar Shukla, J. - (1.) Ravi Kishore Pradhan is before this Court assailing the validity of judgement dated 30th May, 2014 and 21st September, 2015 passed by State Public Service Tribunal, Lucknow in Claim Petition No. 2402 of 1997 (Arun Kumar v/s. State of U.P. and others).
(2.) Brief background of the case is that petitioner was initially appointed as Class -IV employee under the Registrar, Firms, Societies and Chits, U.P. at Lucknow under order dated 21.06.1991 issued by the Registrar, Firms Societies and Chits, U.P. at Lucknow and continued to function in the said capacity. Promotion is permissible from Class IV to Class III posts in the department under G.O. dated 31.08.1992 providing for a 15% quota for promotion. By means of a subsequent Government Order dated 08.09.1995, an additional 5% quota was provided for promotion, thus there existed a 20% quota for promotion. In the year 1985, Statutory Rules framed in exercise of authority conferred by the proviso to Article 309 of Constitution of India has been framed governing appointment against clerical posts were framed by a notification dated 16.03.1985, which notified the Subordinate Offices, Ministerial Staff (Direct Recruitment) Rules, 1985. In the year 1997, the Registrar, Firms Societies and Chits, U.P. at Lucknow by communication dated 19.09.1997 notified selection proceedings to be conducted at Lucknow Headquarters for making promotion from Class IV employees working in the Department and a written examination was held on 27.07.1997 and the candidates were also subjected to typing test and interview. Petitioner submits that Arun Kumar s/o Chutkau has not passed the typing test and even though petitioner was shown at serial No. 3 in the order of merit while Arun Kumar shown at serial No. 2 in the order of merit, accordingly recommendation has been made in his favour and order dated 04.10.1997 has been passed granting promotion to petitioner as Junior Clerk. Petitioner submits that pursuant thereto he has joined as Junior Clerk and discharging his duties.
(3.) The promotion granted to the petitioner was challenged by Arun Kumar -respondent No. 6 by means of filing writ petition before the Lucknow Bench of this Court. The said writ petition was dismissed by judgement dated 27.10.1997 on the ground of availability of alternative remedy before the State Public Services Tribunal. Thereafter Arun Kumar filed a Claim Petition No. 2402 of 1997 (Arun Kumar v/s. State of U.P. and others) before the State Public Services Tribunal and the said claim petition was dismissed by the State Public Services Tribunal by judgement dated 11.05.2000. Aggrieved by the aforesaid judgement Arun Kumar filed a review petition, which was numbered as Review Petition No. 63 of 2000 in Claim Petition No. 2402 of 1997. The aforesaid review petition was also dismissed by the State Public Services Tribunal by judgement dated 17.08.2000. Aggrieved by the aforesaid orders, Arun Kumar filed Writ Petition No. 1497 (S/B) of 2000 before the Lucknow Bench of this Court and said writ petition was dismissed by a Division Bench of this Court on 13.09.2000. Thereafter aggrieved by the judgement dated 13.09.2000, Review Petition in question has been filed numbered as Review Application No. 22582 of 2000. During the pendency of the aforesaid Review Petition, Arun Kumar filed a supplementary affidavit enclosing therewith certain documents pertaining to the selection claimed to have been obtained under the Right to Information Act 2005. Thereafter the said Review Application No. 22582 of 2000 was decided by a Division Bench of Lucknow Bench of this Court by judgement dated 20.03.2013. Armed with the judgement dated 20.03.2013, Arun Kumar filed Misc. Application No. 110 of 2013 seeking recall of the judgement and orders dated 11.05.2000 and 17.08.2000 passed in Claim Petition No. 2402 of 2007.;