- (1.) The challenge in the present revision petition is to the order passed by the Executing Court on 11.3.1996 whereby the Executing Court has passed an order of attachment of the property of the petitioner and sale thereof holding that the petitioner has failed to comply with the decree passed on 15.11.1994.
(2.) The plaintiff-respondent has filed a suit for declaration challenging the order dated 7.12.1989 by which the plaintiff was regularised as supervisor in the Grade of Rs.400-600 (revised to Rs.950- 1800). It was the case of the plaintiff that he is entitled for regularisation on the post of clerk in the pay scale of Rs.400-600 (revised to Rs.950- 1800) from the year 1983.
(3.) Learned Trial court decreed the suit holding that the order dated 7.12.1989 is wrong and illegal and consequently the plaintiff is entitled to be considered for regularisation as clerk in the Pay Scale of Rs.400-600 (revised to Rs.950-1800) w.e.f. the date due. In pursuance of the decree passed, the competent authority passed an order on 28.4.1995 communicated to the decree holder on 3.5.1995 to the effect that the plaintiff cannot be regularised on the post of clerk as he is not qualified as the minimum educational qualification was matric with first division or intermediate 2nd class. The petitioner was simpliciter matriculate. Since the decree-holder was not found to be qualified in terms of the qualification prescribed for the said post, the order was passed not to regularise the services of the decree-holder from the retrospective effect. Since the decree was to consider the case of the plaintiff for regularisation and in pursuance of such decree, the case regarding regularisation has been considered by the competent authority, it cannot be said that the petitioners have failed to comply with the decree. In view thereof, the sole reason recorded by the learned Executing Court that the petitioners have failed to comply with the decree is clearly not sustainable in law. Consequently, the order dated 11.3.1996 is set aside while allowing the present revision petition.;