STATE OF PUNJAB Vs. BANARSI DASS

JUDGEMENT

(1.) THIS revision is directed against the order dated 8. 12. 1994 of the executing court. By the impugned order the decree holder, respondent herein was held entitled to arrears of salary from 1. 2. 1969 onwards in the pay scale of Sub Inspector as revised from time to time, with increments till the date of his retirement i. e. 31. 5. 1984. The executing court also granted interest at the rate of 12% per annum from the date of order till payment.

(2.) THE plaintiff-respondent filed the suit on 25. 8. 1981 with an application to sue as an indigent person. The application was granted and the suit was registered on 29. 5. 1984. The suit was filed for the recovery of Rs. 11482. 80 as arrears of three years preceeding the date of suit by treating order dated 1. 6. 1961 passed by the Deputy Registrar, Co-operative Societies Patiala removing the plaintiff from service, as nonest, with a further prayer that he continues to be in service as if the order of removal was never passed. The suit was decreed on 17. 5. 1985 and the operative part of the relief granted reads as under: " In view of my findings on the issues discussed above, plaintiff succeeds and his suit is decreed against the defendants with costs for the recovery of Rs. 11482. 80 and it is declared that order No. 111 dated 1. 6. 1961 passed by the Deputy Registrar, Co-operative Societies, Patiala, removing him from service is non-existent in the eyes of law and he continues in service as if this order of removal has never been passed and that he is entitled to all rights, benefits and previleges, which have accrued or likely to accrue. "

(3.) IN para 8 of the plaint, it was stated thus :