PUNJAB PUBLIC SERVICE COMMISSION, PATIALA THROUGH ITS CHAIRMAN AND ANOTHER Vs. AJAY KUMAR SON OF SUDARSHAN KUMAR AND OTHERS

JUDGEMENT

(1.) When a decree for declaration and for injunction was put to execution, it was resisted by the State that the decree was inexecutable in the manner in which the reliefs were granted. The objection by the State-judgment debtor was rejected by the Executing Court and it is this decision which is in challenge before this Court.

(2.) The plaintiff had filed a suit when his candidature for consideration for appointment to the post of Sub Divisional Engineer (Civil) Punjab, PWD (B&R) Branch was rejected by treating him as a candidate belonging to General Category. The plaintiff's case was that he was fully eligible for the post and that he being a person belonging to Backward Class, he should have been considered as a person belonging to such category and an appointment order issued to him. The principal contest was entered by the Punjab Public Service Commission stating in defence that the plaintiff did not belong to Backward Class and that he belonged only to General Category and the rejection of the plaintiff's candidature was, therefore, justified. The trial Court decreed the suit as prayed for. The suit contained three reliefs. Since the decree contains no more reference than the fact that the suit was decreed as prayed for, it becomes relevant to reproduce the prayers contained in the suit, which were extracted in the decree-sheet. Decree-sheet reads as follows:-

(3.) The decretal portion reads as follows:-