PUNJAB STATE Vs. ROHINI KUMAR

JUDGEMENT

(1.) THE matter here concerns the execution of a declaratory decree granted in favour of Rohini Kumar. On October 19, 1981, Rohini Kumar filed a suit for declaration that be was entitled to seniority in the clerical cadre of the Transport Department of the State of Punjab with effect from September 20, 1961 and all consequential benefits acting therefrom. The Suit was dismissed on July 31, 1982, but, was decreed on appeal by the Additional District Judge, Amritsar Shri M. S. Sehmee on September 4, 1984. The second appeal filed against this judgment and decree was later dismissed by (his Court.

(2.) IT, was sometime thereafter that Rohini Kumar filed a petition under Section 3 of the Contempt of Courts Act alleging that the decree passed in his favour was not being implemented by the Director, State Transport, Chandigarh.

(3.) THE trial court dismissed this application under the Contempt of Courts Act holding that the decree passed in favour of the petitioner-Rohini Kumar had been fully implemented as the decree granted (o him was with regard to his seniority in the cadre of clerks and not seniority and promotion to the post of Assistant and therefore, there was no violation of the decree by the Director.