SUDHIR AGARWAL, VIRENDRA KUMARI, JJ. - (1.) None appeared on behalf of respondent though it has been called in revise. Hence we proceed to decide this matter after hearing learned Standing Counsel for petitioners.
(2.) The claimant-respondent filed claim petition No. 1125 of 2005 seeking a direction that he should be considered for promotion with effect from 17.9.1992 when his juniors Om Prakash and others were promoted. The aforesaid claim petition has been allowed by State Public Services Tribunal (hereinafter referred to as 'Tribunal') vide judgment and order dated 26.7.2013.
(3.) Apparently, it is evident from record that against aforesaid non promotion of the claimant-respondent, he made representation on 12.3.1993 and it reveals that no action was taken but the claim petition was filed after 12 years i.e. in 2005. Tribunal has not looked into the question as to whether claim petition was within limitation or not. The provision for limitation for filing Claim Petition before Tribunal under Section 5 of U.P. Public Services (Tribunals) Act, 1976 (hereinafter referred to as "Act, 1976") reads as under: "5. Power and procedure of the Tribunal - (1) (a)........... (b) The provisions of the Limitation Act, 1963 (Act 36 of 1963) shall mutatis mutandis apply to reference under Section 4 as if a reference where a suit filed in Civil Court so, however, that: (i) Notwithstanding the period of limitation prescribed in the Schedule to the said Act, the period of limitation for such reference shall be one year; (ii) in computing the period of limitation the period beginning with the date on which the public servant makes a representation or prefers an appeal, revision or any other petition (not being a memorial to the Governor), in accordance with the rules or orders regulating his conditions of service, and ending with the date on which such public servant has knowledge of the final order passed on such representation, appeal, revision or petition, as the case may be, shall be excluded: Provided that any reference for which the period of limitation prescribed by the Limitation Act, 1963 is more than one year, a reference under Section 4 may be made within the period prescribed by that Act; or within one year next after the commencement of the Uttar Pradesh Public Services (Tribunals) (Amendment) Act, 1985 whichever period expires earlier: Provided further that nothing in this clause as substituted by the Uttar Pradesh Public Services (Tribunal) (Amendment) Act, 1985 shall affect any reference made before and pending at the commencement of the said Act." (emphasis added) ;