Amitava Lala, J. - (1.) This writ petition has been filed by U.P. State Electricity Board now become the U.P. Power Corporation Ltd. praying inter alia as follows: (a) issue a writ, order or direction in the nature of certiorari quashing the auction proceedings issued on 17.10.1998 (Annexure-6) to the writ petition. (b) issue a writ, order or direction in the nature of prohibition restraining the Court below not to proceed further in execution case No. 2 of 1995, Y.K. Gupta v. U.P. State Electricity Board. (c) issue a writ, order or direction in the nature of mandamus restraining the respondent No. 3 the auction purchaser from taking possession of the office of the Chief Engineer, Electricity Distribution, Agra which has been put to auction. (d) issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. (e) award cost to the petitioner.
(2.) Mr. Pramod Bhardwaj, learned counsel appearing on behalf of the writ petitioner has contended before this Court that an order in respect of service dispute was passed by U.P. Public Services Tribunal, Lucknow in claim Petition No. 165/F/IV-1981 (Y.K. Gupta v. U.P.S.E.B. and others). The operative part of the order is as follows : "The claim petition is allowed to the extent that the O.P.s are directed to determine the legitimate fitment of the petitioner; A.E. w.e.f. 1.9.69 and as Asst. R.E.w.e.f. 13.11.75 and fix seniority accordingly. The claim regarding special pay and other reliefs is rejected. In the circumstances of the case parties are directed to bear their own costs."
(3.) From the plain reading of the order, we find that the authority has been directed to determine the fitment of the petitioner and fix seniority accordingly. The other claim has been rejected. Therefore, according to us the order in the nature of declaration or a direction of the Tribunal which is under Section 5 (6) of the U.P. Services (Tribunal) Act, 1976 Sub-Section 6 is as follows : "(6) A declaration made by the Tribunal shall be binding on the claimant and his employer as well as on any other public servant who has, in respect of any claim affecting his interest adversely, been given an opportunity of making a representation against it, and shall have the same effect as a declaration made by a Court of law.";