ASHWANI KUMAR MISHRA,J. - (1.) THIS writ petition is directed against order dated 21.11.2014, passed by Additional District Judge, Court No.11, Varanasi, in Civil Appeal No. 121 of 2012, as well as the order dated 28.7.2012 passed in Execution Case No.1 of 2011. A prayer has been made to direct the executing court to decide Execution Case No.1 of 2011, in accordance with ex -parte decree dated 31.3.2009, passed in Original Suit No. 224 of 1980.
(2.) PETITIONERS are the heirs of deceased Shyama Charan Upadhyay, who was appointed as Assistant, in Seed Section of U.P. Cooperative Federation Ltd., Lucknow, against whom disciplinary proceedings were initiated vide chargesheet issued to him on 27/28th April, 1978, and having been found guilty of causing financial embezzlement of Rs.6,000/ -, he was dismissed from service on 28th June, 1980. Sri Upadhyay filed Original Suit No. 224 of 1980, seeking following relief: - "That by means of declaration it be declared that the order of suspension dt. 22.12.79 the order of termination dated 13.6.80 served on 15.8.80 are illegal void ab initio and without jurisdiction. The plaintiff be declared continuing in service entitled to salary and allowances admissible under rules the defendants be directed to recognize the (illegible) as suit and to pay him his salary etc."
(3.) THE suit was decreed ex -parte by the trial court, and the order of suspension dated 22nd December, 1979, as well as the termination order dated 13.6.1980, served on 28th June, 1980, were held to be illegal and void vide judgment and order dated 30th March, 2009. Operative portion of the ex -parte decree dated 31.8.2009, reads as under: - Sri Upadhyay filed an execution application, which was registered as Case No. 1 of 2011, claiming salary w.e.f. 13.6.1980, till he attained the age of superannuation, earned leave, bonus, P.F., gratuity and salary deducted from him, amounting to Rs. 41,39,000/ -.;