K G CHOWDHRI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This civil revision is directed against the order of the Executing Court dated 12th November, 1986, whereby 12% per annum interest on the decretal amount as claimed by the decree-holder was not allowed.

(2.) In brief, the fasts relevant for the disposal of this petition, are that Dr. K. G. Chaudhary was dismissed from service by the Government of Haryana side order dated 21st September, 1982. He filed a Civil Suit, which was decreed on 27th October, 1984, declaring the order of dismissal as void besides holding that the decree-holder shall be deemed to be in service from the date of the passing of the impunged order and entitled to all its benefits. The appeal filed by the State was dismissed. Thereafter, the petitioner filed execution application claiming arrears of pay etc., besides interest at the rate of 12% per annum from the date when his salary had become due to him as also for promoting him to the higher post.

(3.) The Executing Court held that the decree-holder is entitled to the arrears of full pay etc. for the period he remained under suspension, but the claim of the decree-header for awarding interest at the rate of 12% per annum on this amount was declined.