CW- 2306/08 - Kishore Singh Vs. The State of Rajasthan & Ors. : Judgment dt.18.8.08 1/2 S.B. CIVIL WRIT PETITION NO.2306/2008 Kishore Singh Vs. The State of Rajasthan & Ors. Date of order : 18th August, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Kishan Banshal for the petitioner. Mr. Vishal Sharma for the respondents. --------- 1. Heard learned counsels. 2. This writ petition has been filed against the order dated 8.2.2008 whereby the executing Court has disposed of the execution proceedings after taking on record the fact that the petitioner has been paid a sum of Rs.2,68,413/- in pursuance of award of the Tribunal which was upheld by this Court. 3. The learned counsel for the petitioner submits that the aforesaid amount was not the complete payment of the consequential benefits which he was entitled in law and his claim was much more than that. 4. These submissions are opposed by the learned counsel for opposite counsel Mr. Vishal Sharma for the institution. 5. Heaving heard learned counsels, this Court finds that the aforesaid amount of Rs.2,68,413/- was determined by the District Education Officer, Nagaur vide order dated 21.8.2007 in pursuance of Tribunal's award giving him the benefits from 19.4.1997 till he actually joined back the duties in pursuance of the Tribunal's award. Thus, according to the respondents, the complete amount as determined by the DEO was paid to the petitioner. If the petitioner CW- 2306/08 - Kishore Singh Vs. The State of Rajasthan & Ors. : Judgment dt.18.8.08 2/2 was still aggrieved of the said amount, the course open to him was to approach the Tribunal again giving the reasons for the short payment, if any. It is not for the executing Court to determine the amount afresh after award of the Tribunal. This Court while dismissing the institution's appeal had not specified any amount or period for which such amount was paid and only award of the Tribunal was expected to be implemented and executed which according to the respondents stands executed. 6. The writ petition for this purpose is, therefore, misconceived. The same is accordingly dismissed. [ DR. VINEET KOTHARI ], J. item No.19 babulal/-