Nirmal Singh, J. - (1.) THIS revision petition has been filed for modifying the order dated 12.4.1991, Annexure P -5 passed by the Sub Judge Ist Class, Chandigarh (Executing Court) to the extent that the Petitioner is entitled to compound interest @ 12% per annum to be calculated on the decretal amount for the period from 29.5.1981 to 20.7.1991.
(2.) THE relevant facts for the disposal of this petition are that Shri R.S. Ahlawat (deceased), Assistant Education Officer, whose services were terminated by the Respondents without following the rules, made a representation before the then Cooperative Minister, Haryana for the withdrawal of the illegal termination order dated 29.5.1981 for his reinstatement. The Cooperative Minister passed the following order: Considered and decided that the applicant be taken back in service with all service benefits including pay etc. The termination order as prayed by the applicant be withdrawn. The Register, Cooperative Societies, Haryana declared the order dated 29.5.1981 passed by Respondent No. 1 as null and void and, therefore, order of terminating the services of the Petitioner became illegal. Petitioner was reinstated in service, but was not given the benefit of past service. He filled civil suit for declaration to the effect that order No. EST/E83/2799 -2803 dated 10.1.1983 debarring the Petitioner from the benefits of his past service is illegal, unconstitutional arbitrary to the well settled law. The suit of the Plaintiff was decreed by the Sub Judge 1st Class, Chandigarh vide order dated 12.9.1986 and it was ordered that Plaintiff is entitled to get all the benefits of his past service with effect from 29.8.1981. Therefore, Respondent No. 2, after a period of about 4 months, passed the following order: In pursuance of the decision of the Court the Board of Directors of Harocofed at its meeting held on 24.11.1986 has decided to allow the benefit of service to Sh. R.S. Ahalawat, A.C.e.O. Therefore, he is allowed service benefit w.e.f. 29.5.1981, but no arrears of termination period shall be paid.
(3.) THE Petitioner filed Execution application, so that he may get decretal amount alongwith interest @ 12% per annum on delayed payment of his dues from the Respondents. The Learned Executing Court dismissed the claim of the Petitioner on the ground that it cannot go behind the decree and moreover it has no power to grant interest. It it has not been granted in the decree.;