Being of this view, the tribunal directed that the respondents shall be given benefits of promotion with effect from November, 1983 and as they had already been promoted in the year 1989, they would be entitled to numberional promotional benefits from 15.11.1983.
Hence, the present appeals by special leave have been preferred challenging the said orders.
The claims put forth by the respondents were resisted by the State and its functionaries companytending, inter alia, that promotion to Madhav Singh Tadagi was given by an officer who was number companypetent to promote any incumbent from SAS Group III to SAS Group II post that the promotion was made without prejudice to the seniority of other employees and that the grievance put forth was hit by limitation.
On 9.11.2000, under U.P. Reorganization Act, 2000 the State of Uttaranchal presently State of Uttarakhand was created.
Assailing the order of the tribunal the State of Uttarakhand and its functionaries preferred Writ Petition No.
133 of 2006 before the High Court of Uttarakhand at Nainital.
Be it numbered, the respondents had submitted number of representations during the period from July, 2002 to June, 2003 but the said representations were number dealt with.
The tribunal, after hearing the rival submissions urged before it, came to hold that as a junior person was extended the benefits of promotion in the year 1983, the seniors companyld number be deprived of the said promotional benefits and, hence, they are entitled to get promotion from the said date.
The High Court opined that Madhav Singh Tadagi was promoted on ad hoc basis, companytinued in the said post and was allowed increments and the promotional pay scale till his regular promotion, and the claimants though seniors, were promoted on a later date on regular basis and, therefore, the directions issued by the tribunal companyld number be found fault with.
154 of 2003 before the Public Services Tribunal of Uttarakhand at Dehradun for short the tribunal claiming that they were entitled to promotion from SAS Group III to SAS Group II with effect from 15.11.1983 the date on which the junior was promoted and, accordingly, to get their pay fixed along with other companysequential benefits, namely, arrears of salary and interest thereof.
After disposal of the writ petition, an application for review was filed with did number find favour with the High Court and accordingly it dismissed the same by order dated 2.3.2012.
The said Madhav Singh Tadagi, who was working as Agriculture Plant Protection Supervisor, Group III, was given ad hoc promotion to the post of Assistant Development Officer Plant Protection, Group II by the Deputy Director of Agriculture on 15.11.1983.
On 14.10.2003, the respondents filed a claim petition No.
Dipak Misra, J. Delay companydoned.
Some of them were appointed in 1974 and some in the year 1975.
The respondents as well as Madhav Singh Tadagi were allocated to the State of Uttarakhand.
