R.S. AHALAWAT, ASSISTANT EDUCATION OFFICER Vs. HARYANA STATE COOPERATIVE DEVELOPMENT FEDERATION, CHANDIGARH AND OTHERS

JUDGEMENT

(1.) THIS revision petition has been filed for modifying the order dated 12.4.1991, Annexure P -5 passed by the Sub Judge Ist Class, Chandigarh (Executing Court) to the extent that the Petitioner is entitled to compound interest @ 12% per annum to be calculated on the decretal amount for the period from 29.5.1981 to 20.7.1991.

(2.) THE relevant facts for the disposal of this petition are that Shri R.S. Ahlawat (deceased), Assistant Education Officer, whose services were terminated by the Respondents without following the rules, made a representation before the then Cooperative Minister, Haryana for the withdrawal of the illegal termination order dated 29.5.1981 for his reinstatement. The Cooperative Minister passed the following order:

(3.) THE Petitioner filed Execution application, so that he may get decretal amount alongwith interest @ 12% per annum on delayed payment of his dues from the Respondents. The Learned Executing Court dismissed the claim of the Petitioner on the ground that it cannot go behind the decree and moreover it has no power to grant interest. It it has not been granted in the decree.