(1.) THIS revision petition is directed against the order dated:20.11.99 passed by the 1st. Addl. Munsiff. Srinagar in execution proceedings titled Gh. Hassan Dar v/s State and ors. on 19.12.91, the learned 1st. Addl. Munsiff Srinagar decreed the suit of the respondent in ex -parte and issued mandatory injunction in his favour and against the petitioners herein directing petitioner No: l herein (Chief Wild Life Warden, J&K Srinagar/Jammu) to promote the respondent forthwith before Mohmmad Ramzan. Execution petition (No: 28/96) was filed for the satisfaction of the decree.
(2.) THE petitioners herein filed the objections wherein it was pleaded that the seniority of the respondent had not been maintained in this Games branch (presently department of Wild Life Protection) and his service book was also not available, as he had continuously worked in the Forest Department for 17 years. It was also pleaded that respondent No: l informed petitioner No: 1 that he was appointed as Forester in the Forest Department and then posted in the Games Branch so he could not be adjusted in the department due to non -availability of the post. The judgment and decree was passed ex -parte because of unavoidable circumstances after the year 1989 when the prosecutor of the case had migrated from the valley because of disturbed conditions and the suit of the petitioners could not be pursued in the trial court. That when the decree was put to execution and petitioners got the knowledge, they appeared in the court on 29.08.1996 and sought the time for submitting the detailed facts before the court. Meanwhile, petitioner No: 2 (Chief Wild Life Warden) had addressed a communication to petitioner No. 1 was well as to the Secretary to Government, Forest Department J&K, vide annexure R -4 and R -5 to implement the court decree and his conduct is not malafide and the other communications were also addressed by him which were R/6.R/7.R/8 attached with the objections. It was prayed that execution proceedings may be stayed and the ex -parte decree set aside. The objections were considered by the executing court and a detailed order dated:02.09.1998 was passed with a direction to the petitioners to implement the decree. This order was not challanged in the higher forum and consequently when the direction was not obeyed the executing court passed the impugned order on 20.11.1999 and attached half of their salary till further orders or till they submit the compliance report before the court. Aggrieved by this order the petitioners have come in revision to challange the same on the following grounds: -
(3.) THAT the decree is a nulity having been passed without jurisdiction and as such not executable. The decree holder (respondent herein) is not competent to hold the post of Range Officer because he did not possess the requisite qualification under the rules and could not be promoted in defiance of the statutory rules. The status of the respondents has not been determined by the trial court which requirement was sine -qua -non for invoking the relief available under Section 42 of the Specific Relief act. The pay of the petitioners can not be attached without giving them an opportunity of being heard as well as such attachment is barred under the provisions of J&K CSR.