Punjab-Haryana High Court
State Of Punjab And Others vs Davinder Kumar Sethi on 18 March, 2011
Author: Sabina
Bench: Sabina
C.R.No.1896 of 2011 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
C.R. No. 1896 of 2011 (O&M)
Date of Decision: March 18, 2011
State of Punjab and Others ..........Petitioners
Versus
Davinder Kumar Sethi ..........Respondent
Coram: Hon'ble Mrs. Justice Sabina
Present: Mr.Satish Bhanot, Additional Advocate
General, Punjab for the petitioners.
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Sabina, J.
Respondent-Davinder Kumar Sethi had filed a suit for declaration to the effect that he had improved his qualification and had qualified Bachelor of Arts Part I examination on July, 1970 and had further qualified Bachelor of Arts final examination on 30.6.1977 and was eligible/entitled to all the benefits in terms of letter No. 5958-FR(2)575600 dated 23.7.1957 issued by the Finance Department. The suit filed by the petitioners was decreed vide judgment and decree dated 7.12.1989. Respondent filed execution petition but the same was dismissed as having been fully satisfied by the Executing Court vide order dated 27.7.2002. Aggrieved by the said order, respondent preferred Civil Revision Petition No. 2806 of 2004 and the same was allowed by this Court vide order dated 5.10.2009 and the case was remanded back to the Executing Court to decide the matter afresh in view of the decision passed in the case of Kesar Singh Dhillon by the Executing C.R.No.1896 of 2011 (O&M) 2 Court as upheld by this Court. After remand, now the Executing Court has passed the impugned order. Hence, the present petition by the State.
Learned State counsel has submitted that the decision passed by the Executing Court in Kesar Singh Dhillon's case was erroneous and, hence, the respondent could not be allowed the benefit of refixation of the seniority in terms of the said order.
The argument raised by the learned counsel for the State is without any force. Respondent and Kesar Singh Dhillon had filed separate suits claiming the same relief. The suit filed by Kesar Singh Dhillon was also decreed vide judgment and decree dated 7.12.1989 as in the case of the respondent. Both the respondent as well as Kesar Singh Dhillon were granted identical reliefs by the trial Court. In the case of Kesar Singh Dhilon, the Executing Court allowed him relief qua refixation of seniority as well as arrears in Master's grade. The said order passed by the Executing Court was challenged by the State in this Court and the revision petition filed by the State was dismissed vide order dated 31.10.1995 with the modification that the arrears be restricted to 38 months prior to the filing of the suit. Since the decision passed by the Executing Court in Kesar Singh Dhillon's case was upheld by this Court, the plaintiff was also entitled to get the same relief.
In these circumstances, no interference by this Court is called for. Dismissed.
( Sabina ) Judge March 18, 2011 arya C.R.No.1896 of 2011 (O&M) 3