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1996 Supreme(SC) 1337

B.L.HANSARIA, K.RAMASWAMY, S.B.MAJMUDAR
Rameshwar Dass Gupta – Appellant
Versus
State Of U. P. – Respondent


ORDER

This special leave petition arises from the order of the learned single Judge of the Allahabad High Court made in Civil Revision No. 541/96 on April 24. 1996. 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 Tribunal directed as under :

"The petition is partly allowed. The O.P. No. 1 and 2 are directed to consider the confirmation of the petitioner on Group 1 post and consequent 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 consequential benefits of seniority, salary, pension etc.arising therefrom."

2. In execution thereof, as per the-rules, the petitioner laid execution petition under Order 21 Rule 1, CPC read with clause (5) of the Tribunal s Rules, on a certificate for recovery of the dues under the order. The executing court 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 12% per annum from the date of the execution till date of the order which worked out to the sum of Rs. 1,46,205/-. The respondents





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