- (1.) This order shall dispose of an Execution Application filed by the applicant-petitioner under Order 21 Rule 10 read with Section 151 of the Code of Civil Procedure for the execution of judgment dated 25.9.2008 passed by this Court in Civil Writ Petition No.48 of 1998 which stands affirmed in the Letters Patent Appeal No.1152 of 2009.
(2.) A brief factual backdrop would be necessary.
(3.) S/Shri Parmod Singh Patyal, Avinash Kant Kapila and Vinod Kumar were Clerks in the Sessions Division, Patiala. In a joint seniority list dated 21.5.1988, name of the applicant was reflected at Serial No.51, Vinod Kumar at Serial No.56 and Avinash Kant Kapila at Serial No.76. Vinod Kumar and Avinash Kant Kapila filed Civil Writ Petition No.5430 of 1988 impugning the seniority list dated 21.5.1988. The present applicant filed Civil Writ Petition No.11138 of 1988 seeking promotion to the post of Assistant with effect from the dates Avinash Kant Kapila and Vinod Kumar had been promoted. The applicant was appointed to the post of Reader in the establishment of this Court by way of promotion in pursuance to a competitive examination held in the year 1995. The applicant as such joined on the post of Reader on 26.9.1996. He was, subsequently, reverted to his parent office on the post of English Clerk (Assistant rank) vide order dated 24.12.1997 on the basis that he was found short in experience by five days for being eligible to be promoted to the post of Reader in terms of the relevant statutory rules. This led to the filing of Civil Writ Petition No.48 of 1998 by the applicant impugning his reversion from the post of Reader of this Court to the post of Assistant in his parent office.;