State of Punjab and Others vs Goverdhan Lal

G.C. Garg, J.—This revision is directed against the order dated 19.3.1993 of the executing court whereby it has granted interest at the rate of 12% per annum on the arrears of salary and allowances payable to the respondent.

Decree holder-respondent filed a suit challenging his dismissal from service. Suit was decreed by the trial Court by judgment and decree dated 22.2.1988. Challenge to the decree passed by the trial Court upto the Supreme Court and ultimately, the decree holder filed an application before the executing court seeking execution of the decree. It was submitted before the executing court that the decree passed in favour of the decree holder was that the order dated 19.1.1983 dismissing him from service was illegal and void and he is deemed to be in service from the date of his dismissal and is entitled to all service benefits attached to the post. It was also submitted that the decree holder was entitled to the payment of arrears of salary and allowances with effect from the date of his dismissal and is also entitled to that payment with interest at the rate of 12% per annum. On behalf of the judgment debtors, however, it was submitted that the decree holder was entitled to the arrears for 38 months only and no interest was payable thereon because it has not been granted by the Court decreeing the suit. Learned executing Court on a consideration of the matter, however, ordered payment of arrears w.e.f. 19.1.1993 and also granted interest at the. rate of 12% per annum thereon, by order dated 19.3.1993. Hence this revision.

Learned counsel for the petitioners submitted that the trial court had not granted any interest on the payment of arrears payable to the decree holder and thus the executing court was not justified in granting the same and it could not go behind the decree and is bound to execute the same as it is. Learned Counsel in support of his submission placed reliance on State of Punjab and others Vs. Krishan Dayal Sharma, . In the reported case, it was held as under:-

"The decree which was put to execution, in the instant case, did not contain any order or direction for the payment of any interest on the amount which was payable to the decree holder consequent to the declaration made by the Court decreeing the Government Servant''s suit. There is no dispute that no relief for interest had been claimed in the suit nor any such claim was discussed or awarded by the Court decreeing the suit. In the absence of pleadings and directions in the judgment or decree which was under execution, it was not open to the executing court to award interest. The Execution Court is bound by the terms of the decree, it cannot add or alter the decree on its notion of fairness of justice. The right of the decree holder to obtain relief is determined in accordance with the terms of the decree."

After hearing learned Counsel for the parties. I am of the opinion that the contention of the learned Counsel for the petitioners has merit. Suit filed by the respondent was decreed and the order dismissing him from service was I declared to be illegal and void. Consequently, the respondent was ordered to be reinstated and all consequential benefits of arrears of pay and allowance were ordered to be paid. The trial Court did not grant any interest on the payment of arrears and it is only for the first time that in execution proceeding on a request made on behalf of the decree holder, the executing court granted interest and directed the judgment debtors to make the payment, accordingly. This in my view, could not be done by the executing court. The executing Court is bound by the terms of the decree and is further bound to execute the same as it is The executing court has no occasion to add or alter any relief as has been granted by the Court decreeing the suit. In the present case, the executing court was not justified in granting interest on the payment of arrears payable to the respondent. In that view of the matter, the revision petition is partly allowed and that part of the order of the executing Court whereby it has granted interest is set aside. No costs.