J.S. Khehar, C.J.
1. The petitioner claims to have been inducted into the service of the Forest Department as Forest Range Officer in 1968. It is the claim of the petitioner that he was appointed as Forest Range Officer after his selection by the Uttar Pradesh Public Service Commission. On account of his satisfactory work and conduct, the petitioner was confirmed against the post of Forest Range Officer vide order dated 1.7.1974.
2. Onwards promotion from the post of Forest Range Officer is to the post of Assistant Conservator of Forest. The claim of the petitioner was considered in 1978 and he was promoted as such on an adhoc basis by an order dated 23.8.1978. The desire of the petitioner in the present writ petition is for an order directing the respondents to promote the petitioner to the post of Assistant Conservator of Forest with effect from 1.7.1976 i.e. as per the date of his eligibility and also on account of the fact that a clear vacancy was available to promote the petitioner against the post of Assistant Conservator of Forest in the recruitment year, 1976-77.
3. The pleadings in this case also reveal that a Departmental Promotion Committee was constituted in 1982 to consider the claim of the Forest Range Officers for promotion to the post of Assistant Conservator of Forest. During the course of the aforesaid consideration, the petitioner was found suitable and was recommended for promotion to the post of Assistant Conservator of Forest against a vacancy in the recruitment year 1976-77. Based on the aforesaid, the petitioner, as noticed hereinabove, claims regular promotion to the post of Assistant Conservator of Forest with effect from 1.7.1976.
4. Before considering the prayers made in the writ petition, including the prayer made by the petitioner for promotion to the post of Assistant Conservator of Forest on regular basis with effect from 1.7.1976, it would be relevant to notice that the petitioner filed a Claim Petition bearing No. 766/II/1985 before the U.P. Public Services Tribunal, Lucknow. The aforesaid claim petition was disposed of vide an order dated 5.12.1989. The operative part of the aforesaid order has also been extracted in paragraph 3 of the writ petition. A perusal thereof reveals that U.P. Public Services Tribunal directed the respondents to consider the claim of the petitioner against the post of Assistant Conservator of Forests 'in temporary capacity' with effect from 1.7.1976. The aforesaid determination rendered by the Public Services Tribunal has attained finality between the parties, inasmuch as, the petitioner has not assailed the aforesaid order passed by the U.P. Public Services Tribunal on 5.12.1989. The only question which arises for consideration is whether the petitioner can be permitted now to claim further relief than the one allowed by the U.P. Public Services Tribunal to the petitioner while disposing of Claim Petition No. 766/II/1985. Insofar as the instant issue is concerned, it is also necessary to take into consideration the fact that the petitioner retired on attaining the age of superannuation in April, 2006. No fruitful purpose would be served, if the entire controversy raised by the petitioner is adjudicated upon, specially when a final order binding between the parties has been passed by the U.P. Public Services Tribunal, Lucknow ordering temporary promotion to the petitioner to the post of Assistant Conservator of Forest with effect from 1.7.1976. It is apparent from the aforesaid order that the claim made by the petitioner for regular appointment as Assistant Conservator Forest did not find favour with the U.P. Public Services Tribunal, Lucknow. Since the petitioner did not assail the order passed by the Public Services Tribunal dated 5.12.1989, it is now not open to the petitioner to seek any further prayer through the instant writ petition.
5. The instant writ petition is accordingly hereby dismissed.