TMI Blog1997 (12) TMI 660X X X X Extracts X X X X X X X X Extracts X X X X ..... ing special leave petition had stayed the operation of the impugned order of the High Court as well as that of the Executing Court. The respondent was employed as a Clerk Grade I in the Irrigation Department of the appellant and was posted at Gandhi Sagar. He was transferred to Jahalpur. He handed over his charge at Gandhi Sagar. Respondent represented that due to acute illness of his father he might be translerred to Mandsore, a place near his home town to enable him to look after his father. His request was not acceded to. This led the respondent to submit his resignation. He was not informed if the resignation had been accepted. There was some correspondence in late sixties but there was no clear reply Irom the appellant if resignatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missed by the judgment dated April 26, 1986. The respondent, decree-holder, then tiled an execution application in the court of the Civil Judge, Neemuch. This was to the effect that the respondent be awarded all the consequential benefits, salary, dearness allowances, promotion etc. of the service and also cost of the application. The appellant opposed the application on the grounds that the court did not pass any decree of reinstatement of the decree holder on the post or for payment of any salary to him and that in the suit the decree holder had not prayed for reinstatement and for arrears of his salary. It was also submitted before the executing court by the appellant that since the decree holder had remained absent from his duty, he was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a case like the present one the plaintiff when seeking relief of declaration that he continues to be in service would also seek consequential reliefs of reinstatement and arrears of salary. This the respondent as plaintiff did not do so as the Government not being a private employer would certainly respect a mere decree of declaration. This in fact the appellant did and the respondent has been reinstated. Moreover, once the Government servant is appointed to his post or office, he acquires a status and his rights and obligations are no longer determined by consent of both parties but by statute or statutory Rules which may be framed by the Government. The legal position of a Government servant is more one of status than of contract. In Ros ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondent as a decree holder was free to seek his remedy for arrears of salary in the suit for declaration. The executing court has no jurisdiction to direct payment of salary or grant any other consequential relief which does not flow directly and necessarily from the declaratory decree. It is not that if in a suit for declaration where the plaintiff is able to seek further relief he must seek that relief though he may not be in need of that further relief. In the present suit the plaintiff while seeking relief of declaration would certainly have asked for other reliefs like the reinstatement, arrears of salary and consequential benefits. He was however, satisfied with a relief of declara-tion knowing that the Government would honour the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... privileges. The suit was decreed and in the execution application filed by the plaintiff in addition to the benefits flowing from the decree, he also claimed compound interest at the rate of 12% per annum on the amount found due to him. The claim of interest was allowed by the executing court. This Court noticed that the decree which was put to execution did not contain any order or direction for the payment of any interest on the amount which was payable to the decree holder consequent to the declaration made by the Court decreeing a suit. It was also not disputed that no relief for interest had been claimed by the decree holder in his suit nor any such claim was discussed or awarded by the Court decreeing the suit. This Court held that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to apply for and obtain possession of the property. In Prakash Chand v. S.S. Grewal Ors, [1975] Cr. L.J. 679, (Full Bench) (Punjab and Haryana High Court), the petitioner had a decree in his favour declaring his dismissal from service to be illegal, void and of no effect. The Punjab Government did not reinstate him nor paid him the arrears of salary. He, therefore, filed a writ petition for taking contempt of courts proceedings against certain officials of the State Government. The Court held as under : A declaratory decree, in my opinion, cannot be executed as it only declares the rights of the decree-holder qua the judgment-debtor and does not in terms, direct the judgment- debtor to do or to refrain from doing any particular a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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