PUNJAB TOURISM DEVELOPMENT Vs. BALWANT SINGH

JUDGEMENT

(1.) This petition is directed against the order of the executing Court, dated August 21, 1987, whereby in the execution application interest was allowed on the arrears of pay by the executing Court.

(2.) The decree-holder respondent filed a suit for declaration to the effect that the order of termination of his services was illegal, void and unconstitutional with a consequential relief of mandatory injunction to the effect that he be reinstated from the date of the termination with continuity of service and full back benefits. The said suit was decreed on September 7, 1984, in the following terms :

(3.) The decree-holder filed execution application dated 29th February, 1987 in which he claimed the total decretal amount with interest and costs calculated to be Rs. 36,000/- out of which the JDs deposited Rs. 26,827.05 in the previous execution application and thus balance amount of Rs. 9,173/- was sought to be recovered therein. Reply to the said application was filed on behalf of the judgment debtors. It was denied therein that the decree-holder was entitled to any interest as calculated by him in execution application as there was no such direction in the decree sought to be executed. The executing Court rejected the plea taken by the judgment-debtors with the following observations that "there is no merit in the contentions of the learned counsel for the judgment-debtors. It was held by our own High Court in a case reported as R.S. Sengal v. Union of India and others, 1985 2 SLR 285that the decree-holder is entitled to interest on the delayed payment. Similar view was taken by the Hon'ble Supreme Court in a case reported as State of Kerala and others v. Padmanabh Nair, 1985 1 SLR 750. Therefore, the decree-holder is entitled to interest on the delayed payment. He has claimed interest to the tune of Rs. 14,000/- on the delayed payment. Thus the decree-holder is entitled to Rs. 6,152/- plus Rs. 14,000/- as interest. The judgment-debtors are directed to make the payment within 15 days. The objection petition is accordingly dismissed."