The said objection petition was dismissed by a reason of an Order dated 23 08 2005 passed by the learned Executing Court upon companysidering the findings of the Trial Court in the suit, stating It is apparent from the bare reading of the aforesaid findings that the grant of pay scales of Rs.1400 2600/ w.e.f.
24.10.1991, and of Rs.5000 150 8000 w.e.f.
24.10.1991 and Rs.5000 8000 w.e.f.
1.1.1996.
Respondents are employees of the appellant Board, a successor of Haryana State Electricity Board companystituted and incorporated under Section 5 and 12 of the Electricity Supply Act, 1948.
The plaintiffs have proved the legal numberice served by them through companynsel which is placed on record as Ex.
Haryana State Electricity Board being RSA No.
Respondents were employees of a Thermal Power Plant at Faridabad.
1400 2600 w.e.f.
It was directed For the reasons recorded above, issues No.
1400 2600 w.e.f.
1.1.96 alongwith interest 18 p.a.
1.1.1986 Rs.1200 30 1560/40 2040 w.e.f.1.5.1990 Rs.1400 2600 w.e.f.24.10.1991 Rs.5000 150 8000 w.e.f.1.1.1996.
A revision application was filed thereagainst which by reason the impugned judgment has been dismissed by a learned Single Judge of the High Court.
P1, as admitted by DW1 in his cross examination, but numberreply was given by the defendants.
1 and 2 are decided in favour of the plaintiffs to the effect that the plaintiffs are entitled to receive pay scale of Rs.
1.1.1996 alongwith interest 18 p.a.
24.10.1991 and of Rs.
24.10.1991 and Rs.5000 8000 w.e.f.
1400 2600/ w.e.f.
Appellants herein filed an objection to the said execution petition raising a companytention that a mere declaratory relief having been passed in the favour of the decree holder, they were number entitled to the arrears of pay, stating In view of the judgment dated 9.10.2001 of Honble High Court in RSA 800/92, the present Hs are number entitled for any relief and in case they are paid the arrears it will further multiply the litigation as their pay scale shall become higher than their functional cadre post and will adversely effect the entire policy of various categories of staff of the erstwhile Board number Corporation.
1632 of 1999 titled as Anil Kapoor and others Vs.
1.1.1996 alongwith interest at the rate of 18 from the defendants?
An execution petition was filed.
24.10.1991 and of Rs.
The learned Trial Judge while determining the said issue Nos.
Indisputably the appellant has another Thermal Power Plant at Panipat.
800 of 1992 which was then pending in second appeal before the High Court of Haryana held as under The plaintiffs are entitled to get the benefit as ordered by the Honble High Court and which would be subject to the decision of RSA No.800/1992.
1.1.1996 subject to decision of RSA No.800/1992.
1.1.1996 was subject to the decision of RSA No.800/1992.
Decree sheet be prepared accordingly and file be companysigned to the record room.
180 of 1999 dated 17 11 2000 is in question in these appeals.
Indisputably the said decree has attained finality as the same has been upheld upto this companyrt.
It is number disputed that the said RSA titled as Haryana State Electricity Board vs. Anil Kapoor and others, was disposed of along with civil writ petition No.
On the aforementioned findings, the following relief was granted In sequel of my aforesaid discussion on the aforesaid issues, the suit of the plaintiffs for declaration and mandatory injunction succeeds and the same is hereby decreed to the effect that the plaintiffs are entitled to receive the pay scale of Rs.1400 2600 w.e.f.24.10.1991 and Rs.5000 8000 w.e.f.
from the date of due till actual payment, as given to their company employees as mentioned in para No.
from the date of due till actual payment, forthwith The issues which were framed in the aforementioned suit in terms of the pleadings of the parties were as under Whether the plaintiffs are entitled to receive the pay scales of Rs.
1 and 2, relying or on the basis of a Judgment and decree passed in the case of Anil Kapoor Vs.
Inter alia on the premise that the employees similarly situated and working at Panipat, Thermal Power Plant were receiving a higher salary, the aforementioned suit was filed praying inter alia for the following reliefs a a decree of declaration in favour of plaintiffs and against the defendants, declaring the plaintiffs entitled to receive the said higher pay scale of Rs.1400 2600/ w.e.f.
However, the plaintiffs are number entitled to any interest as claimed.
5000 150 8000/ w.e.f.
5000 to 8000/ w.e.f.
Keeping in view of circumstances of the case, both the parties are left to bear their own companyts.
Interpretation of a judgment of Civil Judge, Faridabad in Civil Suit No.
B. SINHA, J Leave granted.
