Neutral Citation No. - 2025:AHC:33438-DB Court No. - 29 Case :- WRIT - A No. - 2956 of 2025 Petitioner :- State Of Up And 2 Others Respondent :- State Public Service Tribunal And Another Counsel for Petitioner :- Abhishek Srivastava,Dr. D.K. Tiwari Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. This petition is filed by the State challenging an order passed by the U.P. Public Services Tribunal, dated 01.05.2024 which holds that 2nd respondent is entitled to be treated as District Panchayat Raj Officer w.e.f. 22.12.1990 and that he would be entitled to promotional pay-scales after completion of 8 and 14 years, respectively w.e.f. 22.12.1998 and 22.12.2004, under ACP regime. Undisputed facts that merge on record are that respondent Jagdish Yadav was appointed as Assistant Development Officer in 1979. The persons junior to him were promoted to the post of District Panchayat Raj Officer on 22.12.1990 but his claim was overlooked. This led to the respondent filing of the claim petition before U.P. Public Services Tribunal, being Claim Petition No.1755 of 1994. This claim petition was allowed by the Tribunal vide following orders passed on 25.11.1997: "The claim petition is allowed. The opposite parties are directed to consider the case of petitioner for giving him promotion to the post of District Panchayat Raj Officer in the light of the observations made in the body of this judgment w.e.f. 22.12.1990 when his juniors were promoted to the said post and, if he is found fit for promotion, he shall be given promotion from the said date and shall be paid all the consequential benefits including arrears of salary etc. The opposite parties are directed to ensure compliance of this judgment within a period of three months from the date when a certified copy of this judgment is received by them. Cost on parties." The aforesaid order of the U.P. Public Services Tribunal, attained finality. However, when consequential orders were passed, the respondent was allegedly promoted on officiating basis and according to the petitioner since his promotion was not on substantive basis as such he could not have been treated as District Panchayat Raj Officer w.e.f. 22.12.1990 so as to extend the benefit of the promotional pay-scale thereafter. We have heard Sri Dr. D.K. Tiwari, learned Additional Chief Standing Counsel for the State-petitioners and perused the materials on record. Having gone through the materials placed before us, we do not find any substance in the grievance of the petitioners-State inasmuch as previous adjudication by the U.P. Public Services Tribunal, holding that the respondent was entitled to be promoted w.e.f. 22.12.1990 on the post of the District Panchayat Raj Officer on the ground that persons junior to him were granted such promotion, has attained finality. Once such binding adjudication exists inter se between the parties, the mere fact that consequential orders of the State only granted officiating promotion to the respondent would not be relevant. Since the adjudication by the U.P. Public Services Tribunal, holding the respondent entitled to substantive promotion on the post of District Panchayat Raj Officer has become final inter se between the parties and there is no other material to show that the respondent was found ineligible for promotion by the competent authority, the mere designation consequent upon his promotion as ad-hoc would not be determinative. The U.P. Public Services Tribunal, in such circumstances, has committed no error in enforcing the previous binding adjudication between the parties whereby the respondent was held entitled to substantive promotion on the post of District Panchayat Raj Officer w.e.f. 22.12.1990. Once that be so, the grant of benefit under the ACP regime merits no interference. The present writ petition is consequently dismissed. Order Date :- 7.3.2025 rkg Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad