Civil Revision No.1670 of 1994 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.1670 of 1994 Date of Order: 10.01.2011 Punjab State Electricity Board, Patiala, through Executive Engineer, D.S.Division, PSEB, Nabha ...Petitioner Versus Gurkirat Singh Kang ..Respondent CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present:Mr. Yash Pal Khullar, Advocate for the petitioner. Mr. S.K.Sharma, Advocate for the respondent. RAJIVE BHALLA, J. The petitioner impugns an order dated 26.11.1993, passed by the Executing Court (Senior Sub Judge), Patiala, directing the petitioner to satisfy the decree in its entirety Counsel for the petitioner submits that the petitioner filed objections appending orders, showing due compliance with the decree dated 07.01.1989. The Executing Court, however, passed an order that the decree remains unsatisfied, without refering to or perusing these orders. It is further submitted that Civil Revision No.1670 of 1994 -2- as orders appended with the present petition establish due compliance with the decree, the impugned order should be set aside. Counsel for the respondent, on the other hand, submits that the respondent is entitled to promotion from the date his juniors were promoted and to all consequential benefits flowing therefrom. The respondent has neither been promoted nor granted consequential benefits. The order passed by the Executing Court, therefore, does not call for interference. I have heard counsel for the parties and perused the impugned orders. The suit filed by the respondent was decreed in the following terms:- “In view of the decision on issue No.1 & 2 the suit is hereby decreed with costs and it is hereby declared that the plaintiff is entitled to be considered for promotion as Assistant and other higher ranks from the date his juniors were promoted as such. Decree-sheet be prepared and file be consigned to the record room.” The respondent filed a petition for execution of this decree. The petitioner filed objections pleading that the decree stands satisfied. The Executing Court has passed the impugned order holding that there is no material on record to establish Civil Revision No.1670 of 1994 -3- satisfaction of the decree. The petitioner, on the other hand, contends that the Executing Court has ignored orders of promotions, passed in favour of the respondent and orders evidencing payment of arrears of salary and pensionary benefits. A perusal of the documents appended with the present petition, appear to prima-facie suggest that the decree may have been satisfied but as it is for the Executing Court to record its satisfaction, the revision is disposed of with a direction to the respondent to set out in detail the part of the decree that has not been satisfied and to the petitioner to show due compliance with the judgment and decree in its entirety. The Executing Court shall decide the matter within three months from receipt of a certified copy of this order. Parties are directed to appear before the Executing Court (Senior Sub Judge), Patiala, on 01.03.2011 January 10, 2011 (RAJIVE BHALLA) nt JUDGE Civil Revision No.1670 of 1994 -4-