STATE OF HARYANA AND OTHERS Vs. RAM KUMAR

JUDGEMENT

(1.) JUDGMENT debtors (JDs) State of Haryana and others have filed this revision petition under Article 227 of the Constitution of India assailing order dated 14.6.2012 Annexure P/1 passed by the executing court. Suit filed by respondent -plaintiff Ram Kumar against petitioners was decreed by the trial court vide judgment and decree dated 1.4.2002 Annexure P/2 granting him benefit of Military Engineering Service to be counted for the purpose of seniority, promotion, pension and other service benefits. In execution petition, however, the executing court vide impugned order Annexure P/1 has held that the respondent decree holder (DH) is entitled to promotion as Sub Divisional Officer (SDO) against quota of degree holder and not against quota of diploma holder, on the ground that the examination passed by the DH from the Institution of Surveyors is recognized degree.

(2.) I have heard counsel for the parties and perused the case file.

(3.) THERE is considerable merit in the aforesaid contention. In the suit, the plaintiff simply claimed benefit of service rendered by him in Military Engineering Service. The said benefit has accordingly been granted by the petitioners/JDs to the respondent/DH. The question of promotion of the respondent -DH as SDO, whether against the quota of degree holder or against quota of diploma holder, was not involved in the suit and therefore, could not be agitated in the execution proceedings.