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Civil Petition for Special Leave to Appeal No. 128 of 1979, decided on 10th March, 1981.
(On appeal the judgment of High Court, Lahore dated 3‑12‑1978 in R. S. A. No. 737 of 1977).
‑‑ O. XXI, r. 28‑Decree of civil Court declaring dismissal of petitioner illegal‑Petitioner's re‑instatement and payment ‑of arrears not part of decree‑No fault, held, can be found with executing Courts in refusing petitioner's request in such regard.
Petitioner in person.
Nemo for Respondents.
Date of hearing : 10th March, 1981.
‑The petitioner sought to execute the decree passed in his favour by which the order of dismissal from service dated 15‑8‑1950 was declared as illegal and ultra vires. The executing Court rejected the executing application on the ground that the declaratory decree could not be executed. Petitioner's prayer for execution of the decree for the purpose of recovery of arrears of his salary and allowances was also refused. Petitioner's appeal was dismissed by the Additional District Judge, Lahore and his second appeal was also dismissed by the Lahore High Court and he now seeks special leave to appeal.
The petitioner who argued in person submits that the respondents have neither re‑instated him in service nor have they paid any salary and allowance due to him and he is at least entitled to the payment of the arrears of salary and allowances.
Petitioner's grievance, as a layman, does not seem to be without substance, but what he prays for is not the part of the decree passed in his favour and no fault can be found with the Courts in refusing his request.
We, however, cannot help observing that it was for the Government in the concerned Department to take notice of the decision of the Court of law particularly when the appeal filed by the Government against the judgment and decree passed in petitioner's suit was dismissed by the District Judge, Lahore and the second appeal to the Lahore High Court also met with same fate.
This petition, however, has no force and is dismissed in limine.
Petition dismissed.
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