CR No. 3578 of 2010 1 In the High Court of Punjab and Haryana, Chandigarh. CR No. 3578 of 2010 (O&M) Date of Decision: 09.11.2010 Kehri Singh ....Petitioner Versus State of Haryana and another ....Respondents. Coram:- Hon'ble Mr. Justice Alok Singh 1.Whether reporters of local news papers may be allowed to see judgement ? 2. To be referred to reporters or not ? 3. Whether the judgement should be reported in the Digest ? Present: Mr. Jitender Nara, Advocate for the petitioner. Mr. Gaurav Dhir, D.A.G., Haryana for the respondents. ... Alok Singh, J.(Oral) Plaintiff - decree holder has challenged the order passed by the Executing Court/Civil Judge, Senior Division, Rohtak, dated 12.11.2009, whereby the execution application of the plaintiff was dismissed being full satisfaction. Brief facts of the present case are that the plaintiff - petitioner has filed suit No.84/97/2001 in the Court of Civil Judge, Junior division, Rohtak, seeking relief of declaration with consequential relief of mandatory CR No. 3578 of 2010 2 injunction that his services be regularized from the date the services of Harkesh Kumar and Iqbal Singh were regularized i.e. with effect from 1.4.1987. The trial Court vide judgement and decree dated 22.11.2002 has decreed the suit of the plaintiff directing the respondents to regularize the services of the plaintiff with effect from the date persons junior to him were regularized, along with all the consequential benefits. Thereafter, plaintiff – decree holder has moved an execution application before the Executing Court. Before the Executing Court, respondents - judgement debtors filed an affidavit stating that the plaintiff’s services have also been regularized and all the consequential benefits have been given to the plaintiff. Relying on the affidavit of the judgement debtors, the Executing Court has dismissed the execution application filed by the decree older having observed that the decree holder has not filed any counter affidavit controverting the contents of the affidavit filed by the judgement debtors. Learned counsel for the petitioner states that specific averment was made in the plaint that services of Harkesh Kumar and Iqbal Singh, TVFs were regularized with effect from 1.4.1987, hence the services of the petitioner should also be regularized with effect from 1.4.1987. Learned counsel for the petitioner further states that the services of the petitioner were not regularized with effect from 1.4.1987 but his services were regularized with effect from 1.4.1993. Learned counsel for the petitioner – decree holder further states that the regularization of the services of the petitioner with effect from 1.4.1993 instead of 1.4.1987 does not amount to satisfaction of the decree. Mr. Gaurav Dhir, Deputy Advocate General, Haryana argued that Harkesh Kumar, TVF has left the job and the services of Iqbal Singh, CR No. 3578 of 2010 3 TVF were regularized with effect from 1.4.1993, hence the services of the petitioner were rightly regularized with effect from 1.4.1993. I have heard learned counsel for the parties and carefully examined the record. The Executing Court has nowhere recorded the date of a regularisation of the services of Harkesh Kumar and Iqbal Singh, TVFs. In the opinion of this Court, leaving the services by Harkesh Kumar, TVF will not change the position. If the services of Harkesh Kumar, TVF were regularized with effect from 1.4.1987, then of course petitioner is also entitled for the regularisation of his services with effect from 1.4.1987 as per the decree passed by the Civil Court. In view of the above, order impugned cannot be sustained in the eye of law. Petition is allowed. Impugned order is set aside. The Executing Court is directed to decide the execution application afresh. The Executed Court is further directed to record the finding as to whether services of Harkesh Kumar and Iqbal Singh, TVFs were regularized with effect from 1.4.1987 or from 1.4.1993 as suggested by the defendants. The Executing Court shall also ensure regularisation of the services of the petitioner from the date services of Harkesh Kumar and Iqbal Singh were regularised. Parties shall appear before the Executing Court on 30.11.2010 for further directions. ( Alok Singh ) Judge 09.11.2010 sk.