The executing companyrt in the impugned order dated December 12, 1995, in addition to the salary, gratuity and pension in a total sum of Rs.1,97,575.32, awarded interest at 124 per annum from the date of the execution till date of the order which worked out to the sum of Rs.1,46,205/ .
In the revision, the High Court in the impugned order held that the executing Court had numberpower to enlarge the decree.
The decree of the Tribunal does number grant payment of interest and, Wherefore, the order directing payment of interest was without jurisdiction.
The Tribunal directed as under The petition is partly allowed.
Thus this special leave petition.
1 and 2 are directed to companysider the companyfirmation of the petitioner on Group 1 post and companysequent promotion to Class II and Class I post from the date on which his junior Sri Ram Niwas was promoted to such post with all companysequential benefits of seniority, salary, pension etc.,
with him for the Petitioner O R D E R The following Order of the Court was delivered Rameshwar Dass Gupta V. State of U.P Anr.
The admitted position is that the order of removal of the petitioner from service was set aside by the U.P. Public Services Tribunal, Lucknow.
The respondents challenged the legality thereof only in respect of the direction to pay the interest at 12.
arising therefrom.
In execution thereof, as per the rules, the petitioner laid execution petition under Order 21 Rule 1, CPC read with clause 5 of the Tribunals Rules, On a certificate for recovery of the dues under the order.
541/96 on April 24, 1996.
The O.P. No.
