C.R.No.626 of 2010 1 IN THE HIGH COURTOF PUNJAB AND HARYANA, CHANDIGARH. C.R.No.626 of 2010 (O&M) Date of decision: 26.7.2010 Chairman,MITC Haryana and another .....Petitioners vs. Suraj Singh and others ....Respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG. --- Present: Mr.D.K.Khanna, Advocate, for the petitioners. -- Rakesh Kumar Garg,J. By way of this revision petition the petitioner-judgment debtors have challenged the impugned order dated 11.12.2009 passed by the Executing Court whereby objections to the execution of decree dated 27.4.2002 passed in favour of the decree holder-respondents have been rejected. Civil Suit No.54 of 1999 filed by the respondents for mandatory injunction directing the petitioners to grant them benefit of military service rendered by them during the period of national emergency with effect from 26.10.1962 to 10.1.1968. The relevant part of the decree reads as follows:- “ It is ordered that for the reasons recorded under Rules 1 to 8, suit of the plaintiff succeeds and hereby decreed with costs in favour of the plaintiffs and against the defendants and decree for declaration to the effect that the plaintiffs are entitled to the benefit of military service for purpose of counting their respective periods of military service rendered by them during the period from 26.10.1962 to 10.1.1968 onward increments and seniority in accordance with Rule 4 of the Punjab Govt. C.R.No.626 of 2010 2 National Emergency (Concession)Rule, 1965 and defendants are directed to release the arrears of said benefits from the date of their initial appointments notionally, but arrears will be restricted to the period of 38 months preceding the date of filing of present suit with interest @ 9% P.M till the date of actual payment.”. Admittdly, the above said decree has become final between the parties. The respondents filed an execution petition in the Court of Civil Judge,Ambala for execution of the aforesaid decree and further prayed for attachment of the bank accounts of the petitioner judgment debtors. In the aforesaid execution petition respondents No.1 and 2 also submitted calculation sheet claiming that respondent No.1 was entitled to a sum of Rs.1,06,619/- after adjusting an amount of Rs.16,160/- paid by the petitioners, and respondent No.2 was entitled to a sum of Rs.57,238/- along with interest after adjusting the amount of Rs.8439/- already paid to him. The petitioners filed reply to the aforesaid execution petition claiming therein that the judgment and decree in execution had been complied with and the amount due to respondents No.1 and 2 i.e. a sum of Rs.16,160/- and Rs.8439/- respectively has been paid to them. Along with their reply the petitioners also filed their calculations and submitted that the calculations made by the decree holder respondents were not correct. The objections filed by the petitioner judgment-debtors were dismissed by the Executing Court vide impugned order dated 11.12.2009. It is also relevant to mention at this stage that during the pendency of this revision petition the Executing Court issued an order for attachment of a sum of Rs.1,74,714/- of the petitioner-corporation from its account in the HDFC Bank. Today, during the course of proceedings it was C.R.No.626 of 2010 3 also mentioned that the aforesaid amount has also been ordered to be released by the Executing Court to the respondents. However, the aforesaid orders of attachment and release of the amount are not under challenge before this Court. In the present petition, the petitioner-judgment debtors are aggrieved of the order dated 11.12.2009 whereby their objections to the execution petition were dismissed. The impugned order has been challenged by the petitioner-corporation only on the ground that the Executing Court has failed to consider the calculations as submitted by the petitioner- corporation and have wrongly accepted the calculations as submitted by the respondent-decree holders. It may be relevant to point out that on the last date of hearing,learned counsel for the petitioners was unable to explain the details with regard to the benefits payable to the respondents, and, therefore, Mr.S.C.Sobti, Personnel Officer of the petitioner-corporation through whom this petition was filed was directed to be present in the Court. Today Mr.S.C.Sobti, Personnel Officer, HSMITC is present in Court. However, counsel for the corporation as well as the Personnel Officer have failed to explain even from their own calculations (Annexure P7) attached with this petition with regard to the payment of arrears to the decree holder-respondents after giving effect of the judgment and decree dated 27.4.2002. Learned counsel for the petitioners and the Personnel Officer failed to explain as to how the amount of interest was calculated by them on the difference of pay which according to them was payable to the decree holder -respondents on account of granting military benefit to them, and in what manner the amount of difference of pay was calculated. C.R.No.626 of 2010 4 In the aforesaid view of the matter, I am not inclined to interfere in the impugned order. Dismissed. ( Rakesh Kumar Garg) Judge July 26, 2010 rk