PUNJAB STATE Vs. HUKAM CHAND

JUDGEMENT

(1.) This revision petition has been filed against the order of the executing Court dated November 11, 1983. whereby the judgment-debtor State of Punjab was directed to make the payment in accordance with the directions given earlier.

(2.) Hukam Chand, respondent, filed the suit for a declaration to the effect that the order of defendant No. 2. terminating his services was illegal and null and void. The suit was decreed on October 22, 1982, in the following terms :

(3.) According to the decree-holder, it was contended before the executing Court that as per the decree, the judgment debtor had no right to convert the period of absence into the leave of the kind due and that he was entitled to pay for the period from the date of his dismissal to the date of reinstatement. The executing Court relying upon the Full Bench judgment of this Court in Radha Ram v. M.C. Barnalal, 1983 85 PunLR 21. came to the conclusion that the respondent was entitled to the arrears of his salary for the period from the date of his dismissal to the date of his reinstatement without converting the said period or any part thereof as the leave of the kind due. Dissatisfied with the same, the judgment-debtor State of Punjab has filed this petition in this Court.