R.H.Zaidi, J. - (1.) The present revision arises out of proceedings under sub-section (7) of Section 5 of U. P. Public Service (Tribunals) Act. 1976 (for short 'the Act') and is directed against the order dated 28.9.1993 passed by the IInd Additional District Judge, Sultanpur.
(2.) It appears that respondent Kunwar Prahlad Singh Srivastava filed a claim petition before the U. P. Public Services Tribunal, Lucknow. The claim petition was allowed and award was given in favour of the respondent by the Tribunal on 28.5.1990. The operative portion of the award as has been quoted in the impugned order reads as follows : "The petitioner is entitled to a sum of Rs. 3,449.15 paisa together with interest at the rate of 15% per annum from the date of filing of this petition till the date of payment. The payment should be made within 3 months from today. The opposite parties are also directed to prepare a seniority list and to consider the matter of the promotion of the petitioner, as and when it falls. The petitioner will also get the cost of this petition assessed at Rs. 150".
(3.) Since according to respondent, the order passed by the Tribunal was not compiled with by the petitioners, he applied for grant of a certificate under Section 5 (7) of the Act. The Tribunal granted the certificate to the respondent on 10.12.90. The respondent consequently applied for execution of the said certificate under sub-section (7) of Section 5 of the Act before the District Judge. Sultanpur. The execution case ultimately came to the file of the find Additional District Judge, Sultanpur. The case was contested by the applicants, who have pleaded that award of the Tribunal was already acted upon by them Inasmuch as the decretal amount was paid to the respondent and he was also given seniority and promotion. The execution case, according to the applicants, was. therefore, liable to be dismissed.;