U.K.DHAON AND DEVI PRASAD SINGH,JJ. - (1.) HEARD Sri S.C. Yadav, learned Additional Chief Standing Counsel for the petitioners and Sri S.K, Mehrotra, learned Counsel appearing on behalf of opposite pasty No. 1,
(2.) BEING aggrieved by the judgment and order dated 2.2.3.2007 passed by I he Stale Public Service Tribunal, Lueknow by which the claim petition pillared by opposite party No. 1 was allowed and the order dated 19.7.2007 by which the review petition preferred by the -petitioner was dismissed, the petitioners have filed the instant writ petition under Article 226 of the Constitution of India. The brief facts of the case are that the petitioner appointed opposite party No. 1 as District Supply Officer on the basis of the Combined Stale Service Competitive Examination in the year 1968. The petitioner (sic -opposite party No. 3) was initially appointed on 12 9.1969 and later on he was confirmed w.e.f. 12.9.1974 by the order dated 15.1.1980. The opposite party No. 1 was promoted to the post of District Supply Officer, Grade -II on 1.6.1973 and Grade -1 on 22.12.1978. As personal promotional pay -scale of Rs. 3700 -5000 was not paid to the opposite party No. 1 and it was provided to opposite party No. 3 who was junior to the petitioner (sic -opposite party No. 1) a claim petition under Section 4 of the U.P. Public Service (Tribunal) Act, 1976 was filed before the State Public Service Tribunal, Lueknow. The claim petition was contested by the petitioners by filing written statement. The Tribunal after considering the entire material on record and after hearing the learned Counsel for the parties allowed the claim petition by the impugned judgment and order dated 22.3.2007. The petitioners thereafter filed a review petition, which was dismissed by the Tribunal by the order dated 19.7.2007.
(3.) THE learned Additional Chief Standing Counsel appearing on behalf of the petitioner submits that the opposite party No. 1 is not entitled for promotional pay -scale as till date his service has not been regularized, lie further submits mat the parity was claimed by the opposite party No. 1 with opposite party No. 3 whose service was regularized by the State Government and the Tribunal in a most arbitrary and illegal manner has allowed the claim petition preferred by the opposite party No. 1 and directed the petitioners to consider the case of the opposite party No. 1 for grant of personal promotional pay scale of Rs. 3700 -5000 w.e.f. the due date in accordance with the Government Order dated 8.8.1996.;