PUNJAB STATE ELECTRICITY BOARD Vs. SURINDER KUMAR

JUDGEMENT

(1.) Instant civil revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 19.07.2006 (Annexure P-1) passed by learned Addl. Civil Judge (Sr. Divn.), Patiala whereby adhoc service rendered by the respondent-decree holder has been directed to be counted towards service.

(2.) Shorn of unnecessary details, the facts relevant for disposal of the present petition are to the effect that the respondent-decree holder, who was working as Upper Division Clerk on adhoc basis in the office of Executive Engineer, Distribution System (D), Punjab State Electricity Board, Ahmedgarh, District Sangrur, filed suit for mandatory injunction and declaration directing petitioner-Board to count his adhoc service for purpose of seniority etc. The said suit was dismissed vide judgment and decree dated 30.08.2001. However, the appeal preferred by the respondent-decree holder was accepted vide judgment and decree dated 15.06.2004 and following direction was issued which reads as under:

(3.) Thereafter, the execution application was filed by the respondent-decree holder. In the said execution, the petitioner-judgment debtor filed objections under Section 47 of the Code of Civil Procedure alleging that the judgment dated 15.06.2004 is not clear to what extent benefits are to be given to the respondent-decree holder. The respondent-decree holder had sought direction for mandatory injunction and declaration from the trial Court that he is entitled to the service benefits of adhoc service rendered by him during the course of his service career and by counting the period of adhoc service, his seniority may be fixed. Vide judgment and decree dated 15.06.2004, learned Additional District Judge, Patiala accepted the appeal of the respondent and decreed the suit.