SYED ASHRAF HASNAIN RIZVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was appointed as an English Typist in the Embassy of Iran, New Delhi. The last post held by him was Secretary in the Science and Education on permanent basis.

(2.) On account of his termination from services, and which termination the petitioner contended to be illegal, petitioner after obtaining permission under Section 86 of Code of Civil Procedure, 1908 (CPC) had instituted a civil suit against the Embassy of Iran. This civil suit was decreed for an amount Rs.7,89,600/- alongwith interest at 10% per annum and other related reliefs.

(3.) When the petitioner thereafter approached the Union of India under Section 86 CPC for permission to execute the decree, that permission was denied. Thereupon, the petitioner approached this Court and filed W.P.(C) No. 3625/2008. A learned Single Judge of this Court found the refusal of permission bad in law, and therefore, directed the Union of India to give permission. Union of India preferred an appeal being L.P.A. No. 489/2010, which was decided on 11.7.2011. The writ petition was only allowed to the limited extent whereby the sanction which was asked for execution of the money decree instead of being granted by the Court was effectively directed to be granted by the appropriate authority under Section 86 CPC. Since, the observations of the Division Bench in this regard are relevant, it would be necessary to reproduce some of the paras of the judgment, and which read as under:-