C.R. No.5502 of 2004 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.5502 of 2004(O&M) DATE OF DECISION: OCTOBER 14, 2009 The State of Haryana and others .....PETITIONERS Versus N.R. Garg ....RESPONDENT CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL --- Present: Ms.Kirti Singh, A.A.G.,Haryana, for the petitioners. Mr. S.K.Bhardwaj, Advocate, for the respondent. .. SATISH KUMAR MITTAL, J. The State of Haryana has filed the present revision petition against the order dated 22.9.2004 passed by the Civil Judge (Sr.Division), Bhiwani (Executing Court) dismissing the objections filed by the State (judgment debtors) to the execution of the decree dated 9.2.1998 filed by the respondent/decree holder. In the present case, the respondent filed a suit for declaration with consequential relief for counting the ad hoc service w.e.f. 21.1.1980 to 31.1.1982 for the purpose of calculating the length of 12 years regular and satisfactory service for grant of selection grade of Rs.4100-5300 w.e.f. 23.1.1992 instead of 1.2.1994. It is admitted position that at that time the selection grade was to be granted to the Engineers on completion of 12 years regular and satisfactory service. The said suit was decreed on 9.2.1998 in view of the law laid down in R.K.Singla Versus State of Haryana. It is undisputed position that the said judgment and decree was affirmed by this C.R. No.5502 of 2004 -2- Court in R.S.A.No.2822 of 2000. The SLP (Civil) No.5415 of 2001 preferred against the said decision of the High Court was also dismissed by the Supreme Court on 23.3.2001. However, subsequently, in a different case, the decision in R.K.Singla's case (supra) was set aside by the Supreme Court. It is further undisputed position that during the pendency of the litigation, the Government modified the earlier Circular regarding grant of selection grade and restricted the grant of selection grade to the cadre of AEE/SDE/SDO's to the extent of 20% of the cadre posts. During the pendency of the litigation, operation of the said Circular remained stayed by this Court in a different case and ultimately the said writ petition was allowed. Against the said order, the State of Haryana filed SLP (Civil) No.1463 of 2000 (State of Haryana and others Versus Ishwar Singh and others) in the Supreme Court which was allowed on 20.11.2000 and the selection grade was restricted to 20% of the cadre posts. On the basis of the said decision in the execution application, objections were filed by the judgment debtors that since the respondent/decree holder did not come within 20% of the cadre posts of AEE/SDE/SDO's, therefore, the decree cannot be executed. However, the counting of ad hoc service w.e.f. 21.1.1980 to 31.1.1982 has not been disputed. The Executing Court has dismissed the said objections. Hence this petition. I have heard the learned counsel for the parties. In the present case, undisputedly the suit filed by the respondent for counting the ad hoc service w.e.f. 21.1.1980 to 31.1.1982 for the purpose of calculating the length of 12 years regular and satisfactory service for grant of selection grade of Rs.4100-5300 w.e.f. 23.1.1992, was decreed. The said judgment and decree was affirmed up to the Supreme C.R. No.5502 of 2004 -3- Court as the SLP filed by the petitioner against the judgment of this Court in RSA No. 2822 of 2000 was dismissed on 23.3.2001. It is further admitted position that the petitioner filed an application for review of the order dated 23.3.2001, whereby the SLP of the petitioner was dismissed on the ground that the Hon'ble Supreme Court in case of State of Haryana and others v. Ishwar Singh and others [SLP (Civil) No.1463 of 2000, decided on 20.11.2000] had taken the view that the selection grade of Rs.4100-5300 will be restricted to 20% of the posts in cadre, as provided in the clarification dated 16.5.1990 and since the respondent/decree holder was not falling within 20% of the cadre posts, therefore, he was not entitled for selection grade in the scale of Rs.4100-5300 which was wrongly upheld by dismissing the SLP of the State. It is conceded position that the Supreme Court dismissed the said review application. In view of these facts, the judgment and decree of the trial Court passed in favour of the respondent had become final, whereby the respondent has been granted the benefit of selection grade of Rs.4100-5300 w.e.f. 23.1.1992. Therefore, the said benefit of selection grade cannot be denied to the respondent on the ground that in Ishwar Singh's case (supra), the said benefit was restricted to only 20% of the cadre posts and the respondent was not falling within 20% of the cadre posts. In my opinion, the trial Court has rightly dismissed the objections of the petitioner while observing that allowing the objections will amount to go behind the decree which the Executing Court has no jurisdiction. Therefore, I do not find any illegality in the impugned order. Dismissed. October 14, 2009 (SATISH KUMAR MITTAL) vkg JUDGE