PUNJAB STATE ELECTRICITY BOARD, PATIALA Vs. MANJIT SINGH

JUDGEMENT

(1.) Manjit Singh Chahal, respondent was removed from service by order dated Nov. 5,1982, with effect from Aug. 11,1980. He filed a suit on Dec. 24, 1985 challenging the order of his removal. The suit was decreed by judgment and decree dated June 5,1987 and the respondent was held entitled to all rights and privileges according to rules. The respondent has since been reinstated and is continuing in service.

(2.) Respondent-decree holder took out execution, Petitioner-judgment debtor filed objections to the effect that no specific amount was awarded by the court and the decree holder calculated two lacs according to his own estimate. The objection petition was disposed of by the executing court by its order dated May 20, 1992 and the petitioner-judgment debtor was directed to file the revised estimate of arrears payable to the decree-holder, by May 30, 1992. Aggrieved thereby the judgment debtor filed the present revision.

(3.) During the course of arguments, learned counsel for the respondent-decree holder took a very fair stand and stated that the decree holder will not claim any arrears on account of his salary and other allowances for the period Nov. 5, 1982 i.e. the date of the order of his removal from service to the date of filing of the suit viz. Dec. 24,1985, but this period may be treated as the period spent on duty for the (imposes of pensionary benefits and grant of increments only, though arrears be paid on account of increments. Statement of the respondent-decree holder to this effect has been recorded separately.