ORIENTAL INSURANCE CO LTD Vs. SUBASH CHANDER GUPTA

JUDGEMENT

(1.) THIS petition of revision is directed against the order dated 19 -09 -1998. The execution proceedings arise out of decree passed by the court of Sub -Judge (Chief Judicial Magistrate), Jammu on 04 -04 -1988, which reads as under: -

(2.) THE decree holder applied for execution and prayed that the judgment debtor be directed to promote him on the basis of seniority, which occurring to him, was only an ancillary benefit granted to him by the decree. The scope of the decree it appears has been a contentious issue between the parties, which reached this court in the form of Civil Revision No. 21/92 filed by the decree holder, which was decided on 04 -09 -1992 holding that: A short controversy has arisen in the present case regarding interpretation of the judgment and decree passed by the court in favour of the petitioner. After reproducing decree, the petition was disposed of with the following observations: -

(3.) THE decree holder, it is admitted was considered for promotion by the Lower Management Service Committee in its meeting held on 06 -01 -1997. But the Committee was of the opinion that he does not qualify for promotion to the cadre of Administrative Office under 1971 Promotional Exercise i.e. the Promotion Policy in force at the relevant time. This conclusion of the committee is based on the seniority position assigned to him on the basis of guidelines for drawing seniority list of officers appearing in the note attached to letter dated 18 -08 -1977, addressed to the Managing Director, General Insurance Company of India, Mumbai. Since his date of appointment as Assistant Branch Secretary in the erstwhile unit of Jupiter Insurance Company was 21 -01 -1971, he was assigned serial No. 414 in the seniority list dated 20 -09 -1977 of Assistant Administrative Officers.