KAMLENDRA SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE decree -holder/petitioner has come up in revision against the order dated 12.7.1989, passed by the District Court, directing his application for execution of decree to be transferred to the State Administrative Tribunal, u/s. 29 of the Administrative Tribunals Act, 1985 (hereinafter referred to as 'the Act').

(2.) THE petitioner, a State employee, filed a suit relating to service matters. On 10.7.1985, he was granted a decree declaring his entitlement to certain pay and fixation accordingly. The decree is under execution. Far from honouring a competent Court's decree and releasing the relief to which the petitioner has been held legally entitled, the State came out with a plea that the civil Court had lost jurisdiction to execute the decree.

(3.) THE question arising for decision in the revision is whether the civil Courts have lost jurisdiction to execute the decrees relating to service matters passed by them on a date anterior to the coming into force of the Act and constitution of the Tribunal thereunder.