Punjab-Haryana High Court
Ravinder Kumar vs State Of Haryana And Others on 13 March, 2024
Author: Alka Sarin
Bench: Alka Sarin
2024:PHHC:036367
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
118 CR No.5703 of 2023
Date of Decision : 13.03.2024
Ravinder Kumar ....Petitioner
VERSUS
State of Haryana and Others ....Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Sandeep Singal, Advocate for the petitioner.
ALKA SARIN, J. (Oral)
1. The present revision petition has been filed for setting aside the
order dated 27.07.2023 whereby the execution application filed by the
petitioner seeking implementation of the judgment dated 10.05.2013 has
been dismissed.
2. Learned counsel for the petitioner would contend that vide
judgment dated 10.05.2013 direction was given for deciding the
representation of the petitioner herein in the light of the judgment of a Full
Bench of this Court in the case of Krishna Kumari vs. State of Haryana &
Ors. [2012(2) RSJ 473] within a period of three months. It is further the
contention that though the representation stands decided, however, vide
letter dated 09.09.2019 an ex-gratia financial assistance to the tune of
Rs.2,50,000/- has been offered to the petitioner. Learned counsel would
further contend that the Executing Court has erred in dismissing the
execution application. It has further been contended by learned counsel for
integrity of this order/judgment
CR No.5703 of 2023 -2- 2024:PHHC:036367
the petitioner that only an ex-gratia financial assistance to the tune of
Rs.2,50,000/- has been granted, however, the same should be Rs.5,00,000/-
in view of the law laid down in the case of Krishna Kumari (supra).
3. Heard.
4. In the present case vide judgment dated 10.05.2013 the Court
held as under :
"7. In view of the above statement of learned counsel
for the plaintiff/appellant, the present appeal is disposed
of with a direction to the defendants/respondents to
decide the representation of the plaintiff/appellant in the
light of case law Krishna Kumari versus State of
Haryana and Others, 2012 (2) RSJ 473 within three
months from today. A copy of this order along with trial
Court record be sent back and appeal file be consigned
to the record room after due compliance."
5. Subsequently, the representation stood decided and an ex-gratia
financial assistance to the tune of Rs.2,50,000/- was granted to the petitioner
herein. The petitioner filed an execution application, which was dismissed
by the Executing Court vide order dated 27.07.2023. The argument of
learned counsel for the petitioner that the execution petition was
maintainable is totally misplaced. The only direction given by the Court vide
judgment dated 10.05.2013 was to decide the representation. Undisputedly
the representation stands decided. The argument of learned counsel for the
petitioner that an amount of Rs.5,00,000/- should have been granted in view
integrity of this order/judgment
CR No.5703 of 2023 -3- 2024:PHHC:036367
of the law laid down in case of Krishna Kumari (supra) cannot be
accepted. Rightly or wrongly the representation stands decided. It is not for
the Executing Court to go behind the decree. Infact, the Executing Court has
categorically held that the direction as given by the Court vide judgment
dated 10.05.2013 stands duly complied with. It was observed by the
Executing Court as under :
"12. Consequent to above discussion, no ground is
made out to proceed ahead with this execution. In light of
settled legal proposition, DH is not entitled for the
benefit of compassionate appointment though he and his
mother can get Rs.2,50,000/- of financial assistance from
JDs as has been offered by them. Hence objections are
sustained. Same are allowed and execution stands
dismissed. File be consigned to record-room after due
compliance."
6. In view of the above, I do not find any illegality or infirmity in
the impugned order passed by the Executing Court. The present revision
being devoid of any merits is accordingly dismissed. Pending applications, if
any, also stand disposed off.
( ALKA SARIN )
13.03.2024 JUDGE
jk
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
integrity of this order/judgment
