{"id":164288,"date":"2007-03-08T00:00:00","date_gmt":"2007-03-07T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/vedic-girls-senior-secondary-vs-smt-rajwanti-ors-on-8-march-2007"},"modified":"2015-10-21T06:34:39","modified_gmt":"2015-10-21T01:04:39","slug":"vedic-girls-senior-secondary-vs-smt-rajwanti-ors-on-8-march-2007","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/vedic-girls-senior-secondary-vs-smt-rajwanti-ors-on-8-march-2007","title":{"rendered":"Vedic Girls Senior Secondary … vs Smt. Rajwanti & Ors on 8 March, 2007"},"content":{"rendered":"
Supreme Court of India<\/div>\n
Vedic Girls Senior Secondary … vs Smt. Rajwanti & Ors on 8 March, 2007<\/div>\n
Author: A Kabir<\/div>\n
Bench: Dr.Ar. Lakshmanan, Altamas Kabir<\/div>\n
           CASE NO.:\nAppeal (civil)  1220 of 2007\n\nPETITIONER:\nVedic  Girls Senior Secondary School Arya Samaj Mandir, Jhajjar\n\nRESPONDENT:\nSmt. Rajwanti & Ors\n\nDATE OF JUDGMENT: 08\/03\/2007\n\nBENCH:\nDr.AR. Lakshmanan & Altamas Kabir\n\nJUDGMENT:\n<\/pre>\n
J U D G M E N T
\n(Arising out of SLP (C) No.12052\/2004)<\/p>\n
ALTAMAS KABIR, J.\n<\/p>\n
\tLeave granted.\n<\/p>\n
\tThe Respondent No. 1 in this appeal was appointed as
\nScience Mistress in the Appellant School on 07.09.1988.  At
\nthe time of joining her duties she was given an appointment
\nletter on 05.7.1988 indicating that she was being appointed as
\nScience Mistress in the school with effect from the date she
\njoined her duties in the grade of Rs. 1400-2600\/- plus usual
\nallowances sanctioned by the Haryana Government from time
\nto time.\n<\/p>\n
\tOn 28.01.1994 the Respondent No. 1 filed a Civil Suit No.
\n49 of 1994 in the Court of Civil Judge (S.D.) Jhajjar, inter
\nalia, for the following reliefs :-\n<\/p>\n
 “It is therefore prayed that this Hon’ble Court
\nmay be pleased to pass a decree of
\ndeclaration to the effect that the plaintiff is
\nentitled to the regularization of her services
\nw.e.f. 06.7.1988 with right of contribution to
\nthe contributory Provident Fund from the
\nsame date as also to receive her future
\nsalaries by crossed cheques and that she is
\nentitled to all kinds of leaves and as
\nadmissible under the Rules ever since her
\nappointment on 06.7.1988 along with decree
\nof permanent injunction restraining the
\ndefendants from deducting any money from
\nher monthly emoluments on any ground
\nexcept through due process of law.  Any other
\nrelief that the Hon’ble Court deems fit and
\nproper may also kindly be granted.”\n<\/p>\n
The suit was duly contested by the appellant School by
\nfiling written statement and on the pleadings of the parties the
\nfollowing issues were framed:-\n<\/p>\n
1.\tWhether the plaintiff is entitled to
\nregularization of her service with effect from
\n06.7.1988 with right of contribution to the
\ncontributory Provident Fund? OPP.\n<\/p>\n
2.\tWhether the plaintiff is entitled to receive
\nsalary by crossed cheque? OPP.\n<\/p>\n
3.\tWhether the plaintiff is entitled to all kind of
\nleaves admissible under service rules? OPP.\n<\/p>\n
4.\tWhether the plaintiff has no locus standi to file
\nthe present suit? OPD.\n<\/p>\n
5.\tWhether the suit is not maintainable in the
\npresent form? OPD.\n<\/p>\n
6.\tWhether the plaintiff is estopped from filing the
\nsuit by her own act and conduct? OPD.\n<\/p>\n
7.\tWhether the plaintiff has concealed material
\nfacts from the court, if so what effect? OPD.\n<\/p>\n
8.\tWhether the defendants are entitled to special
\ncosts under Section 36-A CPC? OPD.\n<\/p>\n
9.\tRelief.\n<\/p>\n
The suit was ultimately decreed in favour of Respondent
\nNo. 1 and the following decree was passed by the Learned Trial
\nCourt:\n<\/p>\n
“It is ordered that suit of plaintiff for
\ndeclaration with consequential relief of
\npermanent injunction is hereby decreed with
\ncost by declaring that plaintiff is entitled to
\nthe regularization of her service w.e.f.
\n06.7.1988 with a right of contributory
\nProvident Fund Scheme and also is entitled
\nto receive the salary through crossed cheques
\nand further defendants are hereby restrain
\nfrom deducting any amount from her
\nmonthly emoluments on any ground except
\nthrough due process of law.”\n<\/p>\n
\tSince according to the Respondent No. 1 the appellant
\nwas not giving effect to the decree, she put the decree into
\nexecution by way of Execution Petition No. 18 of 1999 for
\nrecovery of a sum of Rs. 2,71,436\/-.  In the execution petition
\nthe Respondent No. 1 stated as under:-\n<\/p>\n
“That the suit of the plaintiff has been
\ndecreed by the Hon’ble Court on 15.10.1998
\nand Hon’ble Court directed the defendants to
\nmake payment of decree holder by cheque and
\nwithout deducting any amount as per
\nGovernment Scale.  The plaintiff has submitted
\nthe entire balance of amount due towards
\ndefendants on annexure “A” which is to be
\nread as a part of the execution petition.  The
\namount be recovered from the movable and
\nimmovable property of Respondents which is
\nattached with the petition.  Further action
\nunder order 21 Rule 32 of CPC be also
\ninitiated against Respondents No 1 to 4 for not
\nregularizing the service and not giving benefit
\nof contributory Provident Fund Scheme to
\npetitioner as per decree.  The copy of judgment
\nand decree are attached with the petition.”\n<\/p>\n
\tAs will be evident from the claim made by the
\nRespondent No. 1, the amount calculated by her towards her
\nbalance dues on account of salary was on the basis of the
\nGovernment Scale which was Rs. 1400-2600\/-, as revised
\nfrom time to time.\n<\/p>\n
\tIt appears that in the execution proceedings the officials
\nof the Education Department calculated the salary of the
\nRespondent No. 1 from December, 1993 to February, 2002 in
\nthe grade of Rs. 1400-2600\/- plus usual allowances as
\nsanctioned by the Government, to come to a finding that Rs.
\n6,00,584\/- was due and payable to her.  Ultimately, by its
\norder dated 28.10.2002 the Executing Court, after giving
\ncredit to the appellant for having paid a sum of Rs.1,70,806\/-,
\ndirected the appellant to pay the remaining amount of arrears
\nof salary amounting to Rs. 4,29,778\/- to the Respondent No.\n<\/p>\n
1.  Inasmuch as, the said order was not given effect to, a
\nfurther order was passed by the Executing Court on
\n28.11.2002 issuing non-bailable warrants of arrest against the
\nschool authorities.\n<\/p>\n
\tAggrieved by the order passed by the Executing Court the
\nappellant filed Civil Revision No. 6130\/2002 in the High Court
\nof Punjab and Haryana and the Learned Single Judge vide
\norder dated 11.08.2003, while admitting the revision, stayed
\nfurther proceedings before the Executing Court.
\n\tWhile the revision was pending in the High Court, the
\nRespondent No. 1 herein filed an application to vacate the
\ninterim order dated 11.08.2003 staying the execution
\nproceedings.  The stay application was taken up for hearing
\nalong with the revision application on 02.04.2004 for final
\ndisposal.   On consideration of the submissions made, the
\nLearned Single Judge dismissed the revision petition with
\ncosts of Rs. 5,000\/- and directed the Executing Court to
\nexecute the decree forthwith and to complete the execution
\nproceedings within a period of three months from the date of
\nreceipt of a certified copy of the order.
\n\tThe present appeal is directed against the said order of
\nthe Learned Single Judge dated 02.4.2004.\n<\/p>\n
\tOn behalf of the appellant it was submitted that when
\nthe Respondent No. 1 was appointed as Science Mistress in
\nthe School, an agreement was entered into between the School
\nand the said Respondent on 07.9.1988 stipulating the terms
\nand conditions of her appointment.  One of the terms was that
\nher pay scale would be Rs. 480-760\/-.  It was urged that the
\nRespondent No. 1 knowingly signed the said agreement which
\nwas made EX. PW4\/A in the suit.\n<\/p>\n
\tIt was further submitted that the decree as passed in the
\nsuit filed by the Respondent No. 1 did not specify the salary of
\nthe Respondent No. 1 and, in fact, no specific issue was also
\nframed to decide the quantum of the salary of the Respondent
\nNo. 1.  Both the appointment letter issued to the Respondent
\nNo. 1 on 05.7.1988 and the agreement dated 07.9.1988 had
\nbeen brought to the notice of the Learned Trial Court, but
\ndespite the above, the Learned Trial Court had not specified
\nthe salary of the Respondent No. 1 on the basis whereof her
\ndues were to be calculated.\n<\/p>\n
\tIt was also submitted that as per the agreement,
\nwhatever was due to the Respondent No. 1 had been duly paid
\nand over and above the same a further amount of
\napproximately Rs. 1,00,000\/- had been realised by her by
\nattaching the bank account of the school.  There was,
\ntherefore, no further dues payable to the Respondent No. 1
\nand the subsequent calculation made by the District
\nEducation authorities had no foundation and the Executing
\nCourt erred in relying on the same.\n<\/p>\n
\tIt was submitted that the Executing Court had travelled
\nbeyond its jurisdiction in directing payment on the basis of the
\ncalculation made by the District Education authorities on the
\nbasis that the petitioner’s salary was in the scale of
\nRs. 1400-2600\/-.\n<\/p>\n
\tIn support of his aforesaid contention, Mr. Sanjay
\nSharawat, Ld. Advocate, referred to and relied on the decision
\nof this Court in the case of  State of  Punjab Vs. Krishan
\nDayal Sharma,  reported in A.I.R. 1990 SC 2177, wherein
\nthis Court had held that when no interest had been claimed in
\nthe suit itself, the grant of such interest by the Executing
\nCourt was illegal since the Executing Court is bound by the
\nterms of the decree and it could not add to or alter the decree
\non its notion of fairness or justice.\n<\/p>\n
The same view was taken by this Court in the case of
\nState of Punjab Vs. Buta Singh, reported in 1995 Supp. (3)
\nSCC page 684, wherein in a suit for a mere declaration the
\nExecuting Court directed recovery of an amount which had not
\nbeen granted by the decree.  This Court held that such a
\ndirection given by the Executing Court was beyond its
\njurisdiction.\n<\/p>\n
\tVarious other decisions were also cited in support of the
\naforesaid proposition which merely reiterate the same
\nprinciple.\n<\/p>\n
\tOn behalf of the Respondent No. 1, it was contended that
\nalthough her pay scale had not been specifically mentioned in
\nthe prayer portion of the plaint, since her appointment letter
\nhad been exhibited in the suit, all parties proceeded on the
\nbasis that her pay scale was Rs. 1400-2600\/- and the decree
\nwas passed accordingly.\n<\/p>\n
It was also submitted that even though in the decree, the
\npay scale of the Respondent had not been indicated, all the
\ncalculations made by the Authorities was on the basis that the
\npay scale of the Respondent was 1400-2600\/- and not
\nRs. 480-760\/- as had been contended by the School
\nauthorities.\n<\/p>\n
It was pointed out that, in fact, although no issue had
\nbeen framed, the Trial Court had considered the matter and in
\nparagraph 16 of its judgment, it had come to a finding that the
\nsalary of the respondent was not Rs. 480-760\/- as claimed by
\nthe School Authorities but Rs. 1400-2600\/- as per her
\nappointment letter (Ex. PW6\/B).\n<\/p>\n
It was submitted that in view of such finding, it was
\nobvious that the decree had been passed by the Ld. Trial
\nJudge on such basis and the Executing Court was therefore
\nfully justified in directing the arrear payments to be made on
\nsuch understanding.\n<\/p>\n
It was submitted that no ground had been made out in
\nthe appeal for interfering with the order passed by the High
\nCourt and of the Executing Court.\n<\/p>\n
Having heard the Learned Counsel of the respected
\nparties we are unable to agree with the reasoning both of the
\nHigh Court as also the Executing Court since the decree does
\nnot indicate the basis on which the dues of the Respondent
\nNo. 1 was to be calculated.  When there were conflicting claims
\nregarding the salary payable to the Respondent No. 1, the said
\nrespondent ought to have taken steps to amend the prayers in
\nthe plaint so that proper relief could be provided to her.  The
\nsame not having been done, the Executing Court had no
\njurisdiction to go beyond the decree as passed, despite the fact
\nthat the Trial Judge had noticed the dispute and had even
\ndecided the same.\n<\/p>\n
As will be evident from the decree extracted hereinabove,
\nthe Respondent No. 1 was entitled to regularization of her
\nservices with effect from 06.7.1988, with other consequential
\nrelief and was also entitled to receive her salary through
\ncrossed cheques.  The Executing Court was required to
\nexecute the decree as made and it had no jurisdiction to widen
\nits scope or to add to it unless a specific question was raised
\nrelating to discharge or satisfaction of the decree as envisaged
\nin Section 47 of the Code of Civil Procedure.
\nIn our view, the Executing Court appears to have been
\nmisled by the application filed on behalf of the decree-holder
\nRespondent No. 1 on 25.01.1999 indicating that her suit had
\nbeen decreed by the Court with a direction upon the School
\nauthorities to make payment to her by cheque of her dues as
\nper Government Scale (emphasis added).
\n\tThe words “as per Government scale” do not find place in
\nthe decree as passed by the Trial Court and this has resulted
\nin the anomaly with which we are faced in these proceedings.
\nThe Executing court was required to act within the bounds of
\nthe decree and not travel beyond it or to widen its scope
\nwithout invocation of the provisions of Section 47 of the Code
\nof Civil Procedure.\n<\/p>\n
\tHaving regard to the above, we have no option but to
\nallow the appeal filed by the School authorities.  The appeal is
\naccordingly allowed, but we also make it clear that the
\nRespondent No. 1 may approach the Trial Court for
\namendment of the decree in accordance with law.
\n\tThere will be no order as to costs.<\/p>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India Vedic Girls Senior Secondary … vs Smt. Rajwanti & Ors on 8 March, 2007 Author: A Kabir Bench: Dr.Ar. Lakshmanan, Altamas Kabir CASE NO.: Appeal (civil) 1220 of 2007 PETITIONER: Vedic Girls Senior Secondary School Arya Samaj Mandir, Jhajjar RESPONDENT: Smt. Rajwanti & Ors DATE OF JUDGMENT: 08\/03\/2007 BENCH: Dr.AR. Lakshmanan […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-164288","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nVedic Girls Senior Secondary ... vs Smt. Rajwanti & Ors on 8 March, 2007 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/vedic-girls-senior-secondary-vs-smt-rajwanti-ors-on-8-march-2007\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Vedic Girls Senior Secondary ... vs Smt. 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