BHUPINDER KAUR Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) This order will dispose of CWP Nos. 902 of 1989 & 12449 of 1989 as questions of law and facts are identical in both the writ petitions. For the sake of brevity, the facts are being taken from CWP No. 902/1989.

(2.) In CWP No. 902/1989, the petitioner was initially appointed as Clerk on 18.12.1973 in the office of Excise and Taxation Officer, Patiala. The appointment was temporary. She was allowed to continue upto 1978 and regularised on 31.1.1978. Later the petitioner was terminated vide order dated 3.11.1978 w.e.f. 27.10.1978. She was again re-engaged on 7.11.1978 and again ordered to be terminated on 2.12.1978. The petitioner challenged both the termination orders i.e. dated 3.11.1978 and 2.12.1978 in the Civil Suit filed before the Court of Additional Sub Judge Ist Class, Patiala. The said suit was dismissed vide judgment and decree dated 29.9.1981. The petitioner preferred an appeal being CA No. 488 of 31.10.1981 in the Court of learned District Judge, Patiala. The appeal was allowed and suit filed by petitioner decreed resultantly both the termination orders were set aside, vide judgment and decree dated 30.8.1984. RSA No. 1353/1985 filed against the judgment and decree passed by the District Judge, Patiala was also dismissed vide order dated 16.5.1985 passed by this Court. Consequently, the petitioner was reinstated in service vide order dated 17.10.1985 and she joined the duty on 18.10.1985. The petitioner filed Execution Application No. 113/22.9.1986 before the Sub Judge 1st Class, Patiala for recovery of an amount of Rs. 98,721.80 as arrears of salary and interest @ 12% p.a. During the pendency of the Execution petition, the respondents deposited an amount of Rs. 63,700/- as the actual amount of arrears due to the petitioner, but no interest was paid. The executing court vide its order dated 31.10.1988 disposed of the execution petition holding that since the learned District Judge had not given any express direction for payment of 12% interest on arrears, the same was not due to the petitioner. The order dated 31.10.1988 passed by the Execution Court reads as under :-

(3.) Since no compound interest as claimed by the D.H has been allowed by any of the court, D.H is not entitled to interest amounting to Rs. 3300/- calculated by her. Since rest of the above claim claimed by her has been paid, this execution petition is dismissed as fully satisfied. File be consigned to the record room.