Vijender Singh Malik, J. - (1.) JAGAN Nath, the husband of Jaswanti and father of Rani had been an employee with the Forest Department. His services were terminated by Conservator of Forest, vide order dated 28.08.1995. He filed an appeal, which was dismissed by Chief Conservator of Forest, Chandigarh, vide memo dated 24.11.1997. Jagan Nath was not paid his pay and allowances from 23.05.1994. He challenged this aspect as well as the aspect of termination of his services by way of a civil suit. The said suit was decreed by learned Civil Judge (Junior Division), Patiala on 13.03.2001.
(2.) AGGRIEVED by the said judgment and decree, the State preferred an appeal before learned District Judge, Patiala, which was dismissed being barred by limitation. The respondents preferred civil revision against the said order, which was allowed on 24.09.2007 condoning the delay in filing the appeal and directing learned First Appellate Court to decide the same on merits. The said appeal was dismissed on merits on 07.03.2009 by learned Additional District Judge, Patiala. The regular second appeal preferred against the said judgment failed on 12.08.2009 with this court dismissing the same in limine. Jagan Nath died on 14.01.2008. The decision in the suit had attained finality requiring the respondents to make payment of the dues of Jagan Nath. The same was not done and, therefore, the petitioners preferred an execution application before learned Civil Judge (Junior Division), Patiala.
(3.) IN the said execution application, notice was given to the respondent -State, who in place of making payment of the dues of Jagan Nath, preferred objections to the same. In the said objections, the respondent -State claimed that they are entitled to a sum of Rs. 4.78.298/ - as per orders No. 81 & 82 dated 30.07.2002, which was found due from him in the disciplinary proceedings, in compliance with which, Jagan Nath was dismissed from service. The petitioners claimed in reply thereto that Jagan Nath was not in service on 30.07.2002. According to them, he could not, therefore, be dismissed from service under the aforesaid orders.;