AI Structured Summary
Not yet generated for this judgment
Judgment
Ravi Malimath, J
Heard learned counsels.
The plea of the petitioner is that the order dated 01.12.2010 passed in CWP(T) No.16632 of 2008, has not been executed by the respondents.
The respondents have filed their compliance affidavit. They have stated that the orders passed have been complied with.
The petitioner’s counsel submits that even though he has foregone the monetary benefits, the same are only up to the date of the order passed
by the learned Single Judge.
Above all, what is contended by the State is that the monetary benefits have been foregone up to the year 2019, namely, the day he was
regularized. Therefore, we are of the considered view that what was foregone by the writ petitioner may be up to the date of regularization, but what
is being contended is quite different.
It is not for the Executing Court to interpret the concession or the language in the said judgment. If at all, the petitioner is of the view that he is
entitled for monetary benefits from the date of the order of the learned Single Judge, we are of the view that it is that Court alone which can classify
the claim of the petitioner. It is not for this Court to enter upon a question of interpretation. The petitioner is always at liberty in accordance with law
to move the concerned Court for necessary orders.
Having said so and having considered the compliance affidavit, we do not find any ground to proceed further in this matter. We are of the view that
the order complained off, has been complied with. Consequently, the petition is closed with the aforesaid observations.