CR No.1997-A of 1990 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CR No.1997-A of 1990 Date of decision : 10.11.2010 Sohan Singh .............Petitioner Vs. State of Punjab ...........Respondent CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA Present:- None for the petitioner Mr. S.S.Sahu, AAG, Punjab --- HEMANT GUPTA, J (Oral) : The present revision petition is directing against an order passed by the Executing Court on 3.3.1990 whereby the claim of the interest arising out of the declaratory decree dated 18.4.1984 was declined. The petitioner was compulsory retired on attaining 55 years of age. The said order of retirement was challenged by the petitioner before the learned Civil Court. The said suit was decided by the learned Civil Court on 18.4.1984. In execution, the petitioner claimed pay and allowances for the intervening period as if the order of retirement was not passed and also the interest @ 12% P.A. The judgment debtor has paid the pay and allowances but the interest was not paid, which led to filing of the execution. Learned Executing Court has dismissed the execution holding that the CR No.1997-A of 1990 -2- interest was not awarded to the petitioner, therefore, the petitioner cannot claim interest. I have gone through the order passed by the Executing Court. I do not find any illegality or material irregularity in the same. The petitioner was granted a declaratory decree whereby the order of compulsory retirement was set aside. There is no decree in respect of awarding of interest on the arrears of pay and allowances. Since the interest was not specifically granted, the same could not be claimed in execution. Consequently, I do not find any illegality or material irregularity in the order passed by the Executing Court on 3.3.1990. This civil revision petition is dismissed. (HEMANT GUPTA) JUDGE 10th Nov., 2010 akm