State Of U.P.Through Princ.Secy., Irrigation Deptt., Lucknow vs C.P. Vashney & Another

Heard learned Standing Counsel for petitioner and perused the record.

The writ petition is directed against judgment and order dated 17.09.2001 passed by State Public Service Tribunal (hereinafter referred to as the "Tribunal") in Claim Petition No. 194/F/IV/92.

In view of the fact that adverse remarks recorded in the years 1980-81 and 1981-82 which were also material considered by authorities concerned for superseding claimant-respondent no. 1 having already expunged, Tribunal by means of impugned judgment and order dated 17.09.2001 directed State of U.P. and its authorities to re-consider claimant-respondent no. 1 for promotion to the post of Superintending Engineer and Chief Engineer, Level II from 30.06.1983 and 22.02.1992 and if he is promoted, to give all consequential benefits including arrears of salary. This is consistent with the law laid down by Apex Court in Amar Kant Chaudhary Vs. State of Bihar AIR 1984 SC 531 wherein it is held that, if on the basis of adverse material, a person is not selected and promoted, and that adverse material subsequently is set aside or quashed in appeal or judicial proceedings, then it is incumbent upon the employer to reconsider the case of Officer/employee concerned for promotion in the light of subsequent events as if that adverse material did not exist earlier also.

Somewhat similar view was expressed by Court in R.K. Singh Vs. State of U.P. 1991 Supp. (2) SCC 126 observing as under: "There is no dispute that during the pendency of this appeal the appellant''s representation against the adverse entries has been allowed and these entries have been expunged from his service record. Since the adverse entries were expunged the State government by its order dated 24/01/1991 granted Selection Grade to the appellant with effect from the date he takes over charge. We fail to appreciate the view taken by the State government. Once the adverse entries awarded to the appellant were expunged the appellant is entitled to Selection Grade with effect from 1/01/1986 the date on which he was eligible for grant of Selection Grade. We, accordingly, allow the appeal, set aside the order of the central Administrative tribunal and modify the order of the State government dated 24/01/1991 and direct that the appellant shall be treated in Selection Grade with effect from 1/01/1986 and he will be entitled to all other consequential benefits with effect from that date."

Learned Standing Counsel could not dispute that claimant-respondent no. 1 during pendency of matter has already retired. Even otherwise, we do not find any error in the impugned judgment for the reason that once circumstances under which a person is superseded, are changed substantially, it is incumbent upon authorities to reconsider the same and that is what has been done by Tribunal. Hence, we do not find any reason to interfere.

Writ petition is dismissed. Interim order, if any, stands vacated.