MALTI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition is directed against order dated 21.11.2014, passed by Additional District Judge, Court No.11, Varanasi, in Civil Appeal No. 121 of 2012, as well as the order dated 28.7.2012 passed in Execution Case No.1 of 2011. A prayer has been made to direct the executing court to decide Execution Case No.1 of 2011, in accordance with ex -parte decree dated 31.3.2009, passed in Original Suit No. 224 of 1980.

(2.) PETITIONERS are the heirs of deceased Shyama Charan Upadhyay, who was appointed as Assistant, in Seed Section of U.P. Cooperative Federation Ltd., Lucknow, against whom disciplinary proceedings were initiated vide chargesheet issued to him on 27/28th April, 1978, and having been found guilty of causing financial embezzlement of Rs.6,000/ -, he was dismissed from service on 28th June, 1980. Sri Upadhyay filed Original Suit No. 224 of 1980, seeking following relief: -

(3.) THE suit was decreed ex -parte by the trial court, and the order of suspension dated 22nd December, 1979, as well as the termination order dated 13.6.1980, served on 28th June, 1980, were held to be illegal and void vide judgment and order dated 30th March, 2009. Operative portion of the ex -parte decree dated 31.8.2009, reads as under: -