- (1.) Heard learned counsel for the petitioner and learned Standing Counsel.
(2.) This writ petition has been filed with the following prayers:- (i) to issue writ order or direction in the nature of mandamus directing and commanding the opposite parties to determine the seniority of the petitioner as a Member of U.P. Cane Service (Gazetted) on the post of District Cane Officer on the basis of his promotion on this post made w.e.f. 15.2.1977 and accordingly the petitioner be also given the benefit of higher payscales accrued to him on completion of 14, 19 and 24 years of satisfactory services with all consequential benefits within some reasonable time. (ii) to issue writ order or direction in the nature of mandamus directing and commanding the opposite parties to consider and promote the petitioner to the post of Deputy Cane Commissioner w.e.f. the date persons junior to him have been promoted without considering the case of the petitioner i.e. w.e.f. 24.09.1997 with all consequential benefits which may be given to the petitioner within some reasonable time. (iii) to issue writ order or direction in the nature of mandamus directing and commanding the opposite parties to grant the higher pay scales of Rs.3700-5000, 4100-5300/4500-5700 as well as its revised pay scale in accordance with the government order dated 06.03.1993 contained in Annexure No.6 to the writ petition with all consequential benefits within some reasonable time. (iv) to issue writ order or direction in the nature of mandamus directing and commanding the opposite parties to make the payment of interest at market rate upto date on delayed payment of Gratuity, Arrears of Gratuity paid on account of revision of pay scale, Pension, Pension Commutation, Leave Encashment, Group Insurance saving fund and the Increment etc. within some reasonable time. (v) to issue writ order or direction in the nature of mandamus directing and commanding the opposite parties to make the payment of salary to the petitioner from 31.01.2006 to 11.10.2007 during which the petitioner was kept attached with the office of Head Quarters despite retirement from service with interest upto date within some reasonable time. (vi) to issue any other writ order or direction which this Hon'ble Court may deem just fit and proper under the circumstances of the case. (vii) to allow the cost of the writ petition. (viii) to issue writ, order or direction in the nature of certiorari quashing the order dated 20.6.2013, contained as annexure no.10 to the writ petition (brought on record by way of amendment and a copy of the same is also on record as annexure no.C.A.-2 to the counter affidavit of the opposite parties) with all consequential benefits."
(3.) Submission of learned counsel for the petitioner is that juniors to the petitioner were promoted, but claim of the petitioner was not considered, so he filed a claim petition before the State Public Services Tribunal. The claim petition was allowed with the direction to the opposite parties to promote the petitioner from the date his juniors were promoted. Juniors to the petitioner were promoted in the year 1977 and consequently an order was also passed promoting the petitioner notionally w.e.f. 1977. Submission is that by virtue of his working in the Department, in due course of time, the petitioner was promoted in the year 1989. Learned counsel submits that the period of notional promotion has not taken into consideration while considering further higher pay scale which accrued to the petitioner on completion of 14, 19 and 24 years of service. Submission is that once notional promotion has taken place, the petitioner is entitled for counting the services of notional promotion.;