KEWAL KRISHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order proposes to decide together two identical writ petitions aforementioned. However, for the facility of reference, facts are being culled out from CWP No. 18892 of 2011.

(2.) FEELING aggrieved against the impugned order dated 20.9.2011 (Annexure P -1), whereby service benefits already granted to the petitioner, in compliance of civil court decree, were withdrawn, petitioner has approached this Court by way of instant writ petition under Articles 226/227 of the Constitution of India, seeking a writ in the nature of certiorari, for setting aside the impugned order.

(3.) LEARNED counsel for the petitioner submits that Civil Suit No. 276 of 16.10.1985 filed by the petitioner was decreed by the learned court of competent jurisdiction vide judgment dated 29.9.1986 (Annexure P -11). Respondents were party -defendants in the civil suit. The Civil Court decree was not challenged by the defendants -respondents and the same became final between the parties. He further submits that in compliance of the civil court decree, all the service benefits were granted to the petitioner. Thereafter, petitioner reached the age of superannuation and retired from the service on 1.4.2008. Learned counsel for the petitioner concluded by submitting that while passing the impugned order dated 20.9.2011 (Annexure P -1), respondent No. 3 failed to keep in mind the true import of the civil court decree, in compliance whereof petitioner had already been granted the service benefits. Resultant effect of the impugned order is that civil court decree has been set at naught. He prays for setting aside the impugned order, by allowing the present writ petition.