State Public Service Tribunal Lucknow has dismissed my claim petition on the ground of limitation without going in the merit of my case. I am working as a junior engineer in the government of Uttar Pradesh. A disciplinary proceeding was initiated against me, and I have been punished with a minor punishment. I filed an appeal to the appellate authority on 12-02-2015. After filing of such an appeal, I personally appeared before the appellate authority to decide my appeal. In the pendency of that appeal, I am not able to avail other service benefits. My promotion is also getting delay due to the pendency of that appeal. Many appellate authorities have been transferred, and I appeared all of them. Due my continuous efforts the appeal was decided by the appellate authority in the month of July 2024.
The appellate authority has rejected my appeal without considering my grounds of appeal. Feeling aggrieved from the order of appellate authority, I prefer a claim petition in the State Public Service Tribunal Lucknow. That claim was admitted by the tribunal but for hearing on limitation issue only. The government advocate said that the punishment order was challenged after a delay and this claim petition is barred by limitation. On the next date of hearing the tribunal has dismissed my claim petition. Sir I have sent the order of tribunal on your email given on the website. Please read that judgment before giving advice. Thanks
Asked from: Uttar Pradesh
The State Public Service Tribunal, Lucknow, has wrongly dismissed your claim petition. Sub-section (6) of Section 4 of the Uttar Pradesh Public Services (Tribunal) Act, 1976, does not pertain to limitation. Instead, this section provides an aggrieved government servant the option to file a claim petition in the tribunal if their appeal, revision, or representation has been pending for more than six months. If such an appeal or representation remains undecided by the competent authority within six months from the date of filing, the aggrieved person, after serving a legal notice to that authority, may file a claim petition upon the expiry of one month from the date of service of that notice.
The period of limitation is specified in Section 5 of the State Public Service Tribunal Act, 1976. According to this section, the limitation period begins when the competent authority passes the final order. If an appeal, revision, or representation is pending before the authority, the limitation period does not commence, as established in Samarjeet Singh vs. State of Uttar Pradesh [(2006) 2 AWC 2750].
The tribunal dismissed your case on the grounds that your appeal had been pending for more than nine years and that you had failed to serve a legal notice after six months from the date of filing the appeal. This reasoning is flawed for two reasons. Firstly, serving a legal notice is not mandatory. Secondly, the opposing party cannot benefit from its own wrongdoing. The appellate authority was at fault for keeping your appeal pending for over nine years.
The cause of action arose when the appeal was finally decided. At that point, the limitation period commenced as per Section 5 of the State Public Service Tribunal Act, 1976. Under this provision, you were required to file a claim petition within one year from the date you became aware of the order. As per Section 5, your claim petition was well within the limitation period. Therefore, the tribunal’s order is prima facie incorrect. You should file an appeal in the High Court against this order. For more legal help please visit Kanoon India.
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