- (1.) BY the Court.- Heard the learned Standing Counsel at length and perused the record. The present writ petition has been preferred against the Tribunal's judgment and order dated 26.6.2008. Tribunal has allowed the writ petition filed by the claimant respondent No. 1.
(2.) THE claimant respondent No. 1 has served as Medical Officer in Indian Army from 21.8.1972 to 28.2.1978. He was released from the Army while holding the post of Captain. He joined the Medical and Health Services of the State of U.P., on 17.11.1979 as Medical Officer. However, in spite of the fact that he is an Ex-Army personnel, he was not granted benefit of seniority of Army Service for which he is entitled as per the Government order. Feeling aggrieved he filed a Claim Petition No. 79/1/90 which was allowed by a judgment and order dated 10.5.2000. While allowing the claim petition, the Tribunal has directed to re-fix the seniority within three months. The claim petition was allowed with costs quantified to Rs. 1000/-. While complying the Tribunal's judgment the Government has revised the seniority list and the name of the claimant respondent No. 1 was placed at serial No. 140/-ka, whereas, one Dr. H.C. Narula was placed at serial No. 1488 in the amended seniority list. The opposite party No. 1 and Sri Ram Mohan Gupta (serial No. 1412), Sri Mithilesh Kumar Bajpai (serial No. 1438) and Sri Ramji Lal Saxena (serial No. 1440) were allowed promotion and the senior grade with effect from 16.12.1981 and further promotion to the post of the Joint Director with effect from 10.5.1990, by the order dated 20.5.2005 (Annexure 2 to the claim petition). Dr. H. C. Narula was promoted on the post of Joint Director with effect from 6.6.1987 in the pay scale of Rs. 3700-5000 and further on the post of Additional Director with effect from 8.10.1993 by the order dated 28.2.1998 in the pay scale of Rs. 5100-6150 and was also allowed benefit of fixation of pay and other conse­quential benefits. He was also paid arrears of difference of salary by the order dated 9.2.1998 and 28.2.1998 (Annexures 3 and 4 to the claim petition). Dr. V.K. Tewari whose name finds place at serial No. 2087 and Dr. R.P. Yadav who were also junior to the claimant respondent No. 1, were promoted in the senior grade of the Joint Director in the pay scale of Rs. 4500-5700 by the order dated 10.5.1990 (Annexure A-5 to the claim petition) but the candidature of the petitioner was not considered. It was alleged by the claimant opposite party No. 1 that in spite of directions of the Tribunal to promote on the next higher post, and grant higher grade after fixation of salary, the petitioners have not complied with the order. Therefore, a contempt petition No. 203 of 2001 was filed and Then he was allowed seniority with effect from the date of joining in the Army i.e., 21.8.1972 and he was promoted in the senior grade of Medical Officer in the pay scale of Rs. 10000-15200 by an order dated 19.1.2004. Though the pay scale of the Joint Director was revised to Rs. 14300-18300 but despite the fact that he was granted promotion on the post of the Joint Director with effect from 10.5.1990, his pay was not revised in the pay scale of Rs. 14300-18300. It was categorically pleaded by the claimant opposite party No. 1 before the Tribunal that Dr. H. C. Narula who was junior to him, was promoted on 6.6.1987 and Additional Director on 8.10.1993, in the pay scale of Rs. 5100-6150 now retired from service. It was also pleaded by the claimant opposite party No. 1 before the Tribunal that Hon'ble Supreme Court in the Writ Petition No. 43/98, Dr. Chandra Prakash and others v. State of U.P. and others directed the petitioners to prepare a fresh seniority list and allow all consequential benefits including pay, promotion etc. from the date of juniors and as such, the claimant opposite party No. 1 was also entitled to get promotion from the date of his juniors and also arrears of pay and other consequential service benefits but the same was not provided to him even in spite of the judgment of the Hon'ble Supreme Court. Several other persons like Dr. Girish Chandra Chaturvedi, Dr. Ram Mohan Gupta, Dr. Mithilesh Kumar Bajpai and Dr. Ramji Lal Saxena whose names find place at serial No. 1411 ka, 1412, 1438 and 1440 in the seniority list are junior to the claimant opposite party No. 1 were promoted as Additional Director in the pay scale of Rs. 16400-20000, by the order dated 29.6.2007, ignoring the case of the claimant respondent No. 1.
(3.) OTHER facts and circumstances was placed on record before the Tribunal indicating therein how the claimant opposite party No. 1 has been dealt with by high handed and shabby manner depriving him of the service benefits without any rhyme and reason.;