MUKAND DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS execution appeal has been filed by the decree holder, Mukand Das, against the order dated 25th November, 1972 passed by the Additional District Judge No. 2, Jodhpur in civil execution case No. 2/1972. By the order aforesaid the Addl. District Judge partly allowed the objections that were filed by the respondent judgment debtors and held that the amount payable to the decree holder by the judgment -debtors was Rs. 1343.20.

(2.) THE appellant was an employee of the Government of Rajasthan. By order dated 23 -1 -1956 passed by the Director Medical and Health Services Jaipur, respondent No. 2 the services of the appellant were terminated. The appellant filed a suit wherein he challenged the aforesaid order terminating his services and in the first appeal arising out of the said suit a compromise decree was passed by this Court on 5 -4 -1963. By the aforesaid compromise decree it was held that the appallant shall be deemed to be in service and the order of the Director dated 23 -1 -1966 terminating the services of the appellant would be ineffective and the appellant shall be entitled to his full salary from 28th June 1952 to 23 -1 -1956, when his services were terminated for the second time, and for the subsequent period he would get half the salary. The compromise decree also contained a direction that the respondent shall post the appellant on a suitable post as soon as it was practiceble and the period from 1 -7 -1952 to such date would not be treated as break in service for any purpose what so ever. On 1st November, 1965 the appellant submitted a petition for execution of decree in the court of Addl. District Judge No. 2, Jodhpur. In the said execution petition the appellant claimed the sum of Rs. 44083.05 and submitted that, after adjusting the sum of Rs. 9319.30 already paid to the appellant by the respondents, the balance amount of Rs. 34763.75 was payable to the appellant which amount may be recovered by attachment and sale of the property of the respondents. After the said execution petition had been filed the Addl. District Judge made a report Under Section 82 CPC to the Collector, Jodhpur Since no action was taken on the basis of the said report the Addl. District Judge on 24th July, 1972 passed an order for the attachment of the property Under Order 21 Rule 30 CPC. Thereafter on 22nd September, 1972 a reply was filed on behalf of the respondents wherein it was submitted that the total amount payable to the decree holder under the decree was Rs. 10774.94 out of which Rs. 9319.30 had already been paid to the appellant and out of the balance the respondents were entitled to deduct a sum of Rs. 1162/ - paid as excess to the appellant for the period from 1 -4 -1963 to 4 -4 -1963 and that after deducting the aforesaid amount only a sum of Rs. 293.68 was payable to the appellant. Alongwith the said reply a schedule containing the calculations with regard to the amount payable to the appellant was also filed. The appellant submitted his reply to the aforesaid objections filed on behalf of the respondents.

(3.) THE Addl. District Judge held that the appellant was not entitled to claim the grade of compounder first grade with effect from 1 -4 1950 in this execution petition and that he could only get the pay and allowance as first grade compounder with effect from 7 -6 -1961. As regards the house rent allowance, the Additional District Judge held that Under Rule 9 read with note 2 of the Rules for the grant of house rent allowance, the house rent may be drawn for the period of privilege leave and not for the half pay leave period and the appellant was not entitled to get house rent allowance for the period of half pay, i.e. from 24 -1 -1956 to -4 -1963 and the house rent allowance paid to the appellant from 1 -9 -1961 to 4 -4 -1963 which comes to Rs. 336.45 was to be adjusted. The Addl. District Judge held that since the first grade compounder is entitled to get mess allowance of Rs. 40/ - per month, he was entitled to be paid mess allowance at this rate from 7 -6 -1961. In view of the aforesaid findings the Addl. District Judge calculated the amount that was payable to the appellant under the decree as Rs. 10998.95 and after adjusting the sum of Rs. 9319.30 which have been paid to the appellant and after adjusting the sum of Rs. 336.45 the excess amount paid to the appellant on account of house rent allowance from 1 -9 -1961 to 44 -1963, the balance amount payable to the appellant was Rs. 1343.20. Being aggrieved by the aforesaid order passed by the Addl. District Judge the appellant has filed this appeal Under Section 47 C.P.C.