Shiv Kumar Sharma, J. - (1.) -This revision arises from the order dated August 5, 1995 passed by the learned Additional Civil Judge (Sr. Div.) No. 5, Jaipur city whereby the objection petition filed by the petitioner under Section 47, CPC in the execution proceedings instituted by the decree holder non-petitioner was dismissed. Portrayal of Essential Facts
(2.) Non-petitioner Jeev Raj Singh instituted a suit for declaration against the petitioner challenging the orders of dated November 15, 1978, May 30, 1979 and July. 22, 1981 respectively passed by the Disciplinary Authority and the Appellate Authority in appeal and in review petition. The suit was decreed vide judgment and decree dated August 5, 1987 as under "Consequential plaintiff's suit for declaration is decreed with costs, the orders dated 5.11.1978, 30.5.1978 and 22.7.1981 being illegal and unconstitutional are set aside and services of the plaintiff are restored with all consequential benefits but it will also be necessary to mention that the disciplinary authority shall be at liberty to take a fresh decision in respect of the inquiry report and to proceed against the plaintiff if necessary according to rules."
(3.) in compliance of the said decree Jeev Raj Singh was taken on duty on August 24, 1992 but passed following order on October 28, 1992. "Salary of Shri Jeev Raj Singh Constable No. 2806/5100 is fixed at the minimum salary allowable to a Constable. Extraordinary leave from 15.11.1978 to 24.8.1992 i.e. for the period he was out of service, is sanctioned. However this period will be considered for the benefits as of his pension and gratuity purpose.";