C.R. No. 7316 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 7316 of 2010 (O&M) Date of decision : 14.1.2011 Kaplesh Sharma ......Petitioner Versus State of Punjab and others .......Respondents ******* CORAM: HON'BLE MRS. JUSTICE SABINA Present : Mr. Rajeshwar Singh, Advocate, for the petitioner. **** SABINA, J. Petitioner had filed a suit for declaration that he was entitled to grade of Superintendent Grade-II with consequential relief and mandatory injunction directing the defendants to release the grade of Superintendent Grade-II to him alongwith interest. The suit of the plaintiff was partly decreed by the Civil Judge, Senior Division, Gurdaspur vide judgment and decree dated 30.1.2006. It was observed by the trial Court that the grade of Superintendent Grade-II i.e. ` 6400-10640 had already been released to the petitioner vide order dated 19.1.2006. It was held that the petitioner would be entitled to arrears w.e.f. 3.2.1995. Aggrieved by the said order, defendants No.1 and 2 as well as the petitioner filed appeals. Vide judgment and decree dated 9.10.2009, District Judge, Gurdaspur dismissed the appeal C.R. No. 7316 of 2010 (O&M) 2 filed by the defendants, but partly accepted the appeal filed by the petitioner. The petitioner was also allowed interest at the rate of 9% per annum from 3.2.1995 till realization. Thereafter, petitioner filed execution application. The execution application was dismissed as partially satisfied vide impugned order dated 6.9.2010. Hence, the present petition by the petitioner. Learned counsel for the petitioner has submitted that the arrears had not been correctly calculated by the defendants. The Executing Court should have disposed of the execution application filed by the petitioner as partly satisfied in terms of the statement made by the petitioner. After hearing the learned counsel for the petitioner, I am of the opinion that the instant petition deserves dismissal. On 6.9.2010, petitioner had made the following statements before the Executing Court :- “Statement of Kaplesh Sharma, aged 42 years, Decree-holder. It is stated that we both the parties as per the calculations chart have reconciled the amount. As per the calculations a sum of Rs.1,572/- is payable by the Department towards interest. I have received the cheque dated 6.9.2010 for a sum of Rs.1,572/- in regard to the aforesaid payment. Photocopy of the cheque is Annexure D-1. In addition to this an amount of Rs.6,000/- towards GPF account has not been credited to my account. My C.R. No. 7316 of 2010 (O&M) 3 account number is 917. After reserving my right to claim the aforesaid amount, this execution application may be dismissed as partially satisfied.” Thus, as per calculations chart, the parties had reconciled the amount. A cheque of ` 1572/- was handed over to the petitioner towards interest. The petitioner had raised dispute only qua ` 6,000/- which was liable to be credited in the account of his General Provident Fund. In view of the statement made by the learned counsel for the petitioner, the Executing Court passed the impugned order whereby it was held that the decree holder reserved his right to claim the amount of ` 6,000/- in case the error was not removed. The petitioner had, thus, not disputed the calculations made by the defendants qua arrears liable to be paid to be petitioner. In these circumstances, the impugned order does not call for interference as the same has been passed in terms of the statement made by the petitioner. Dismissed. (SABINA) JUDGE January 14, 2011 Anand