- (1.) THE prayer of the petitioner, though she appears to be a des titute widow of an ex judicial officer of the State, is to restrain the respondents from evicting her from the Government Premises No.-IV/469. 2 Park Road, C. M. O. Compound, Allahabad and be al lowed to live and occupy the same on the same rent until 31-10-98 or till such period she is fully paid her post-retirement benefits.
(2.) THE petitioner is also personally present before us. She informs us that during the pendency of this writ petition she has been paid her post-retirement benefits, but apart from it is still due to be paid by the State to her. She also informs us that she is prepared to vacate the premises within a reasonable time. We have heard her personally, as well as her learned counsel, Mr. H. R. (7) of the Act. The Tribunal granted the certificate to the respondent on 10-12-90. The respondent consequently applied for execution of the said certificate under sub section (7) of Section 5 of the Act before the District Judge, Sultanpur. The execu tion case ultimately came to the file of the IInd Additional District Judge, Sultanpur. The case was contested by the applicants, who have pleaded that award of the Tribunal was already acted upon by them inasmuch as the decrials amount was paid to the respondent and he was also given seniority and promotion. The execution case, according to the applicants, was, therefore, liable to be dismissed. The Court below after hearing the learned counsel for the parties considered the question as to whether the amount paid to the respondent/decree holder was short than actual decretal amount. After considering the material on the record, it was held as under: "thus, the total amount of the award and towards interest and cost has been paid to the decree holder and the execution for these points 1 and 3 is, therefore, liable to be struck off. "
(3.) THEREAFTER, the Court below con sidered the questions relating to fixation of seniority and fixation of the salary of the respondent. The Court below after perus ing the material on the record as follows: "therefore, the seniority has been rightly fixed by the judgment-debtor. The judgment-debtor/basic Shiksha Adhikari is directed to prepare the arrears to pay w. e. f. 28-11 -77 minus the amount already paid. It is, however, made clear that decree holder will not get any amount of interest on the arrears of pay. Further the opposite parties 2 and 3 are directed to consider about the promotion treating the decree holder to have received the selection grade w. e. f. 28-11-77 and order dated 4-1-93 which has been filed as paper No. 30/3/c2 should be revised if at all the promotion of the decree holder in above terms is to be taken into account. The promo tion has already been given to the decree holder and now only national promotion has to be given. The arrears has also to be given to him accordingly. " Having recorded the aforesaid find ing, the Court below has directed the judg ment-debtors/applicants to submit the calculation memo by 22 October, 1993, by its impugned order dated 23-9-93. Learned standing counsel has vehemently urged that the Court below has acted illegally and with material ir regularity in directing the Joint Direc tor/basic Shiksha Adhikari to prepare the arrears to pay with effect from 28-11-77 minus the amount already paid. It was also urged that the Court below has failed to appreciate the judgment and order dated 28-5-90 passed by the Tribunal, which was already complied with and exceeded its jurisdiction to issue direction to the ap plicants.;