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State of U.P. v. Shyam Lal Jaiswal

Service Law – Assistant Public Prosecutors – Transport (Subordinate) Prosecution Service Rules, 1979 (Uttar Pradesh) – State Public Services Tribunal – Respondent was working as a Cashier in the Transport Department – While in service, for some alleged misconduct, departmental inquiry was initiated against him and was later dismissed from service – the respondent during the pendency of litigation attained the age of superannuation – persons who were junior to him were promoted/appointed as Assistant Public Prosecutors – once his position has been restored after order of dismissal being set aside, he too is entitled for promotion from the date his juniors were promoted as Assistant Public Prosecutors – the grievance of the respondent is not sustainable for the reason that the recruitment to the post of Assistant Public Prosecutor shall be made by direct recruitment on the basis of a competitive examination followed by a Viva Voce test to be conducted by the Commission – This fact has been completely ignored by the Tribunal and so also by the High Court in the order impugned.