- (1.) Decree holder Sushma Devi has filed this revision petition under Article 227 of the Constitution of India for quashing order dated 11.9.2008 Annexure P/12 passed by the executing court i.e. learned Additional Civil Judge (Senior Division), Rewari and order dated 6.1.2010, Annexure P/14 vide which representation Annexure P/13 of the petitioner has been rejected by the respondents.
(2.) This case has chequered history. Jai Pal Singh father of the petitioner was employee of the respondents judgment-debtors. Jai Pal Singh died in harness. Petitioner by filing suit claimed compassionate appointment. The suit was decreed vide judgment and decree dated 17.4.2004, Annexure P/7 which has attained finality. Relief granted to the petitioner by said judgment and decree is reproduced hereinunder:- 14. For the reasons recorded in the foregoing issues, the suit of the plaintiff is hereby partly decreed with costs to the effect that the order dated 16.5.2002 passed by the defendant no. 3 vide his office memo No. Ch.39/Pen/F4234 is illegal, null and void and is not binding on the plaintiff and the plaintiff is entitled to her appointment on compassionate ground under ex-gratia scheme as dependent of late Jai Pal Singh father of the plaintiff. The defendants are given three months time to issue appointment letter to the plaintiff failing which the plaintiff shall be entitled to salary and arrears thereon for the post she is found entitled immediately after the expiry of 3 months time. Decree sheet be prepared accordingly. File be consigned to the record room.
(3.) Pursuant thereto, the petitioner has been appointed as Peon by the respondents. However, suit filed by petitioner's mother Champa Devi wife of late Jai Pal Singh has been decreed vide judgment and decree dated 23.2.2007, Annexure A/1 to the following effect:- 20. In view of my findings on the above issues, present suit is partly decreed and plaintiff is entitled for refixation of his pension on the refixation of pay of late Jaipal as per modified ACP scales of Rs 5450-8000/-. Plaintiff is also entitled to get arrears of revised pension of the last 38 months prior to filing the present suit and onwards along with interest @ 10% per annum. Keeping in view peculiar facts of the present suit, no order as to costs. Decree sheet be made. File be consigned to record room.;