RAM SARUP BHALLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The matter here concerns the amount payable to the petitioner on reinstatement for the period he remained out of service consequent upon the order of dismissal from service passed against him being set aside. The controversy being whether he was entitled to full salary for such period or only to the difference between such salary and his earning while he was gainfully employed elsewhere.

(2.) The precise issue now raised by the petitioner, arose in the earlier revision petition filed by him in this Court, namely, Civil Revision 3373 of 1985, where R.N. Mittal, J., by his order of Aug. 19, 1987, held that the amount earned by the petitioner during the period he remained out of service had to be deducted from the salary claimed by him The matter was then remitted to the executing Court to determine whether or not the petitioner had worked elsewhere at any time during the relevant period and, if so, what were the emoluments earned by him. The amount so earned by him was directed to be deducted from the salary claimed.

(3.) The record shows that the executing Court by its order of Sept. 20, 1988, found that the petitioner had learned a sum of Rs.13148.93 during the relevant period and this amount was thus to be deducted from the amount claimed by him. This order too was challenged in revision by the petitioner in Civil Revision 148 of 1989. At tit same time, the respondent-State too sought to question the impugned order in revision in Civil Revision 86 of 1989. Both these revision petitions were disposed of by N.C Jain, J., on March 13, 1990 with the direction that the executing Court after appreciating the observations of R.N. Mittal, J., in the earlier revision petition should deter mine whether or not Rule 7.3(A) (5) of the Punjab Civil Service Rules, Volume I, war applicable in the present case.