CHIEF SECRETARY, PUNJAB, CHANDIGARH Vs. HAZURA SINGH

JUDGEMENT

(1.) This revision is directed against the orders dated Sept. 7, 1991 and July 30, 1992 of the executing Court and the appellate court respectively.

(2.) Hazura Singh, Sub Inspector, respondent herein filed a suit for declaration to the effect that he is entitled to cross efficiency bar with effect from April 1, 1973 or in the alternative from July 1, 1974 and all the arrears and benefits of his revised pay and increments etc. and that he be declared to have been promoted to the next rank from the date the persons junior to him were promoted. The suit was decreed in favour of the respondent by judgment and decree dated May 26, 1987. It was held that the respondent was entitled to the benefit of efficiency bar and the payment of all arrears of pay and allowances etc. As regards the promotion of the respondent, it was directed that the promotion of the respondent, it was directed that since he has been allowed the benefit of crossing the efficiency bar, the petitioners will reconsider his case for promotion. This judgment and decree became final. The respondent was paid the arrears of pay etc. in respect of crossing of efficiency bar and there is no dispute in that behalf.

(3.) Plaintiff-respondent took out execution of the decree in which the stand taken by the petitioner judgment-debtors was that pecuniary benefits that flowed from the decree had been granted and payment actually made to the respondent. Regarding consideration of case of the respondent for promotion as Sub Inspector and further promotion to higher ranks, the stand taken was that the decree to this extent could not be satisfied as the character rolls and confidential personal file of the respondent which were submitted in the court during trial was still lying there and had not been received back. It was further submitted that the aforesaid documents had however been received from the Court on Oct. 22, 1988 and the case of the respondent for confirmation in the rank of Sub Inspector and for further promotion to higher rank was being considered. It was prayed on behalf of the petitioners that some time more be granted for the purpose and till then further proceedings in the execution be stayed.