STATE OF U.P. Vs. D.S. RATHORE AND OTHERS
LAWS(ALL)-2008-8-390
HIGH COURT OF ALLAHABAD
Decided on August 21,2008

STATE OF U.P. Appellant
VERSUS
D.S. Rathore Respondents

JUDGEMENT

H.L.Gokhale, J. - (1.) BOTH these writ petitions seek to challenge the judgement and order passed by the respondent No. 2 (in the first writ petition) the State Public Services Tribunal dated 19th October, 2006, in Claim Petition No. 1282 of 2004.
(2.) WE have heard the Counsel for the State as well as for the respondent No. 1 in Writ Petition No. 91 of 2007, as well as the Counsel for Shri Jaiswal in Writ Petition No. 164 of 2007, Both petitions are heard together since the challenge is to a common judgment and order. The respondent No. 1 in both these matters, filed the above referred claim petition before the Tribunal seeking a direction to regularise his services on the post of Deputy Secretary and to promote him on the post of Joint Secretary from the date on which Shri Shrish Kumar Jaiswal has been promoted on the said post, i.e. 19th February, 1996. He also sought arrears and difference of salary along with interest @ 12 per cent per annum with effect from 19.2.1996.
(3.) THE claim petition proceeded on the footing that the respondent No. 1 herein, Mr. D.S. Rathore became the Estate Officer in the Varanasi Development Authority, on 17th December, 1982 and was granted the post of the Deputy Secretary (Estate) therein from 4th October, 1986. As against these initial dates of the respondent No. 1, it was pointed out that the above referred S.K. Jaiswal became the Revenue Officer in another Development Authority, i.e. the Allahabad Development Authority, on 21.6.1982 and was confirmed on the said post on 16.6.1984 and subsequently, became the Deputy Secretary from that date.;


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