In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 4333 of 2009 Date of Decision:August 03, 2009 Surinder Singh ---Petitioner versus State of Punjab and others ---Respondents Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr.Ravinder Jain,Advocate, for the petitioner. *** SABINA J. Petitioner-Surinder Singh filed a suit for declaration that he was entitled for all service benefits from the date of his appointment taking in consideration the pay scale for which he was entitled in view of the last pay drawn from the Air -Force, benefits of employment, seniority, pay fixation, promotion, interest etc. till the date of realisation of the payment and re-fixation of his pay. Suit of the plaintiff was decreed. Petitioner filed execution petition before the trial court. The same had been dismissed by Civil Judge (Junior Division), Jalandhar vide impugned order dated 26.2.2009 having been fully satisfied. Hence the present revision petition. Learned counsel for the petitioner has submitted that the execution petition had been filed claiming Rs. 4,67,016.76 P. However, the Civil Revision No. 4333 of 2009 -2- amount of Rs. 3,58,372/- had been paid to the petitioner. The execution petition had been wrongly dismissed by the Executing Court treating it as having been fully satisfied. A perusal of the impugned order reveals that the petitioner has received the principle amount of Rs. 1,64,400/- and had received interest of Rs. 1,63,218/- on the principle amount. Petitioner had also received arrears from time to time i.e. Rs. 12,504/-, Rs. 2605/- and Rs. 4762/-. It has further been observed that the petitioner was claiming parity with regard to the pay with his junior Mr. Y.K.Batra. A letter dated 2.5.2007 was placed on record by learned Government pleader, as per which Civil Surgeon, Hoshiarpur had withdrawn the increment allowed in excess to Mr. Y.K.Batra. Hence, learned Executing Court had rightly observed that the claim of the petitioner with regard to the additional increment as allowed to his junior Mr. Y.K.Batra had been rendered infructuous. It has further been observed that the seniority of the petitioner had also been re-fixed. In these circumstances, learned Executing Court had rightly observed that the claim of the decree holder has been fully satisfied. The impugned order does not suffer from the vice of illegality and calls for no interference. Accordingly, this petition is dismissed. (SABINA) JUDGE August 03, 2009 PARAMJIT