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1998 DIGILAW 775 (RAJ)

Rajasthan State Electricity Board, Jaipur v. Shri Niwas

1998-07-20

J.C.VERMA

body1998
JUDGMENT 1. - The petitioner Rajasthan State Electricity Board (here-in-after called as RSEB) has come up against the order passed by the Executing Court on 16.3.1996 is Execution Application No. 25/89. The Executing Court has ordered that the decree holder is entitled to be fixed in the pay scale from 2.6.1967 on the post of Helper to Chemist, as was claimed by the decree holder. It was the case of the RSEB that the post in question has since been abolished since 1976 and the pay of the decree holder had been fixed as per the pay scale of 1987, rather the case of RSEB was that the decree has since been complied with and an arrear of Rs. 23,000/- was offered to the decree holder, but he refused to accept the same which stands deposited in the court. It was also the case of the petitioner that the decree holder has failed to clarify the respective grades he wants to claim. The court had passed the order of attachment against the RSEB. 2. Notice of this revision petition was issued, the record was also called for which has been received. During the arguments on number of occasions, the counsel of the respondent decree holder was time and again asked to file the statement of details of amount to which the decree holder feels that he is entitled to if the pay fixation done by the RSEB and arrears of pay deposited in the court or the arrears of pay payable to the decree holder are not accepted by the decree holder to be erroneous. No such statement was filed. Counsel has prayed that the matter be decided at admission stage. A cheque was also offered to the decree holder but was not received. Record has been seen by me. On 20.11.1993 reply had been filed by the RSEB showing the fixation of pay of the decree holder from time to time i.e. fixation of pay in the scale of 820-1520 as per pay scale of 1987 and again in the year 1989 in the pay scale of Rs. 910-1520. It was further mentioned in para 4 that after fixing the scale an arrear of salary of Rs. 23,000/- had been offered to the decree holder but he had refused to accept the same and, therefore, the amount was deposited in the court. 3. 910-1520. It was further mentioned in para 4 that after fixing the scale an arrear of salary of Rs. 23,000/- had been offered to the decree holder but he had refused to accept the same and, therefore, the amount was deposited in the court. 3. The claim of the respondent decree holder is based on the decree dated 22.7.1989 wherein the Civil Court had ordered that the decree holder shall be entitled to be fixed in the scale of Helper to Chemist from 2.7.1967 and his seniority shall also be fixed accordingly. It is the case of the RSEB that his seniority has since been fixed, however, because of the abolition of the post of Helper in the year 1976 he was fixed as per the scale available and permissible to him. The decree holder has also failed to show that he has not been properly fixed in the scale as per reply of the RSEB nor any statement of fixation of pay as claimed by the decree holder has been filed even before this court despite the opportunity being given to show that he has been wrongly fixed or the fixation by the RSEB is not as per his entitlement. In view of the above plea taken by the RSEB, the order of the Executing Court cannot be sustained and the same is quashed. In view of the categorical plea of the RSEB that the pay has since been fixed upto the time when the post of Helper to Chemist was in existence and seniority has also been fixed and subsequently the pay had been fixed as per revision of pay made from time to time, the order in question is quashed. 4. The revision petition is allowed.Revision Allowed. *******