- (1.) The petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India to challenge the order dated 22.2.2007 passed by the learned Executing Court vide which the objections filed by the petitioner have been ordered to be dismissed and the orders have been issued for attachment to execute the decree.
(2.) The respondent-decree holder filed a suit for declaration to the effect that the defendant has no right, authority, power or jurisdiction to disobey the order of Central Council for Research and Ayurveda New Delhi passed by Central Council vide order No. F-3-1/82 CCRAS/Estt. dated 29.8.1983 whereby order No. 56/82 dated 14.7.1982 passed by the defendant was treated as cancelled and the plaintiff was treated as Laboratory Technical Technician w.e.f the date the defendant passed the order dated 12.7.1982 and inaction of the defendant is illegal, unconstitutional, arbitrary, ultra wires, without jurisdiction and authority, misuse and abuse of power, vindictive, mala fide and plaintiff in view of the order of the Central Council is entitled to have his pay fixed as Laboratory Technician on the post of his pay drawn by him on 11.7.1982 before the date of passing the illegal order by the defendant and for permanent injunction restraining the defendants from interfering in the order of the Central Council Research and Ayurveda and Sida dated 29.8.1983 and with-holding the salary of the plaintiff and other rights and benefits and rank and status as Laboratory Technician.
(3.) The suit filed by the decree-holder was decreed on 19.12.1992 and the decree passed, reads as under: "This suit coming on this day for final disposal before S. Gurmail Singh Dhillon P.C.S. Sub Judge III Class Patiala in the presence of Sh. S.P. Joshi counsel for the plaintiff and Sh. S.K Sharma counsel for the defendants. It is hereby ordered that I pass a decree in favour of the plaintiff against the defendants with costs to the effect that plaintiff is entitled to get salary for post of Laboratory Technician for the period from 12.7.82.";