- (1.) The revision is against the order passed by the Executing Court recording the fact that except for the period from 07.11.1990 to 06.12.1993, there had been a complete accord and satisfaction. The decree holder was entitled to get his pay during the said period through the decision of the departmental competent authority and if he was still dissatisfied with the same, he could get his remedy under the law for such period. It had also directed that the Electricity Board released the arrears to the decree holder qua his salary as becoming due as per the judgment and decree, if it was not released. The decree holder could apply to the Court giving the details of his claim. Feeling dissatisfied with the manner of disposal, the decree holder is in revision before this Court.
(2.) The suit had been filed at a time when the petitioner was still a T-mate complaining that he had been denied the right of promotion to the post as Assistant Lineman (ALM). He was seeking for the relief that he was entitled to be considered for promotion from the date when his juniors had been promoted. The suit was filed on 15.06.1989 and he sought for the relief that he should be placed above defendants 5 to 15. The suit had been decreed on 28.03.1995 and the Court held that the petitioner was entitled to be promoted to the next rank/post as ALM or similar post in the same grade/pay scale. The Court held that after trial, promotion order issued on 28.03.1989 to defendants 6, 11 and 13 without promoting the petitioner, who was senior to them, was illegal. The judgment provided that he would be entitled to "all the allowances attached to the promotion post from the date of promotion which will be above defendants No.6, 11 and 13 and for proper assigning the place in the seniority list of the A.L.M. over and above the names of defendants No.6, 11 and 13 or to any salary and other privileges and amenities which have accrued or will accrue in future to the plaintiff." (sic). The execution application appears to have been filed by the decree holder on 28.03.1995 and it was disposed of as late as on 23.05.2002, which is the subject of revision before this Court.
(3.) The point that has to be seen is whether the decree holder can complain of decree as still being unsatisfied subsequent to the disposal of the suit. It is admitted that the petitioner had been promoted to the post of ALM vide order dated 30.03.2001 w.e.f. 07.01.1983. However, even during the pendency of the suit itself, the plaintiff's claim was conceded by the defendant when an order was issued promoting him as ALM on 22.06.1990. Consequent to the order of promotion, he was transferred and relieved from Ganguwal on 01.11.1990. The plaintiff's grievance was, therefore, fully redressed but the plaintiff did not accept the promotion post and join the service. Instead, he filed an application for injunction in the trial Court itself that the order giving him promotion shall not be given effect, since the order purported to give effect only from the date of suit, when the plaintiff was claiming that he was entitled to be treated and promoted from the year 1970 itself. This, according to the judgment debtor, completely disentitled the decree holder to claim the salary admissible for the promotion post since he had literally denied himself the right which was accorded to him. It was further contended that he could not ask for computation of salary for the promotion post which did not occupy inspite of an express order being issued to him. The application for injunction was dismissed on 20.04.1991 and he preferred an appeal which was also dismissed by the Additional District Judge, Ropar on 14.08.1993. He filed a Civil Revision No.2979 of 1993 where he was said to have pressed for a contention for the first time that the respondents were not allowing him to join the duty. The counsel for the Electricity Board stated in Court that they had never objected the petitioner's joining the duty but the petitioner himself had come to Court for a restraint against the enforcement of the promotion order. The civil revision appears to have been dismissed on 15.12.1993 as having become infructuous, when he joined duty in the promotion post at D.S. Division, Rupnagar on 07.12.1993.;