Punjab-Haryana High Court
Kaplesh Sharma vs State Of Punjab And Another on 3 March, 2022
(123) CR No. 715 of 2022 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CR No. 715 of 2022
Date of decision: 03.03.2022
Kaplesh Sharma ...... Petitioner.
Versus
State of Punjab and another ..... Respondents.
CORAM: HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL
Present:- Mr. Dheeraj Mahajan, Advocate, for the petitioner.
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ANUPINDER SINGH GREWAL, J. (ORAL)
Heard through video conferencing.
The petitioner has challenged the order dated 18.01.2022
(Annexure P9) whereby his application for execution of the decree has been
dismissed.
The petitioner, who was working as Superintendent Grade-II,
had filed a suit claiming the grade of Superintendent Grade-II along with
arrears of pay and interest. The suit was partly decreed on 30.01.2006, as the
respondents had already released the grade of Superintendent Grade-II, i.e.
`6400-10640/- to the petitioner vide order dated 19.01.2006. The trial Court
had held that the petitioner was entitled to the arrears of grade of
Superintendent Grade-II w.e.f. 03.02.1995. The petitioner had filed an
execution application and several payments are stated to have been made to
the petitioner. A sum of `32,90,611/- is stated to have been paid to the
petitioner.
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Learned counsel for the petitioner contends that the petitioner is
entitled to another sum of `81,91,326/-.
A perusal of the impugned order (Annexure P9) indicates that
the first execution application preferred by the petitioner had been dismissed,
as he had made a statement on 06.09.2010 that he had received all the service
benefits except GP fund of `6,000/- from the respondents (Judgment
debtors). Thereafter, he had preferred another execution application which
was dismissed. He had preferred revision petition bearing CR No. 6130 of
2016 before this Court which was disposed of with a direction to the
respondents to check their own accounts and if after doing so it was found
that an amount of `6,000/- is pending towards the petitioner, the same would
be disbursed to him by way of a demand draft. Thereafter, the respondents
(Judgment debtors) had submitted a calculation and stated that the entire
amount has been paid and no amount is due to the petitioner.
It is apparent from the perusal of the impugned order dated
18.01.2022 (Annexure P9) that although it is recorded that a statement had
been made on behalf of the respondents (Judgment debtors) that `6,000/- had
been paid, but the details of the payment as to when it had been paid or any
calculation in that regard has not been produced. This Court in CR No. 6130
of 2016 had directed the respondents (Judgment debtors) to check their own
accounts and if after doing so it is found that the amount of `6,000/- is
pending towards the petitioner, the same be disbursed to him. The
respondents (Judgment debtors) are, therefore, required to submit the
calculation with regard to the payment of `6,000/- as GP fund to the
petitioner. Insofar as the claim of the petitioner for the amount beyond
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`6,000/- is concerned, the same cannot be entertained at this stage, as the
petitioner had made a statement that he had received all the benefits except
`6,000/-.
In view of the above, the petition is disposed of with a direction
to the respondents (Judgment debtor) to submit the calculation before the
Execution Court and in the event of this amount of `6,000/- remaining
unpaid, the same shall be paid to the petitioner forthwith.
(ANUPINDER SINGH GREWAL)
03.03.2022 JUDGE
Ramesh
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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