Court Directs Director School Education, Jammu To Execute Decree In 15 Days
JKUT (Jammu), October-10-2021-( JNF):- In an execution petition seeking execution of judgment and decree dated 04.02.2010 whereby decree holder namely Abdul Rashid S/O Abdul Qayoom Katoch R/O Village Pogal Tehsil Banihal District Ramban (Old Doda) was declared to have been appointed as teacher w.e.f 26.03.1987 alongwith all consequential service benefits, the court of Sub-Judge(CJM) Amarjeet Singh Langeh, Jammu directed judgment debtor no. 2 who is Director School Education, Jammu to ensure that case for appointment of decree holder as teacher w.e.f 26.03.1987 alongwith consequential benefits shall not only be meaningfully processed but needful be done within 15 days from today failing which means more than one as provided by Order 21 of CPC including issuance of stringent process for satisfying the decree, be taken re-course to including direction for attachment of official account of judgment debtor no. 2.
Referring to the judgment of Supreme Court of India in case titled “Rahul S Shah Vs. Jinendra Kumar Gandhi & Ors” wherein Apex Court of the country has not only deprecated the practice of putting up spurious objections to frustrate meaningful execution of decrees but also issued directions to all the courts to mandatorily dispose of execution proceedings within six months from date of filing, Sub-Judge (CJM) noted, “judgment debtor no. 2 despite having been advised by General Administration Department to process the case of decree holder for appointment alongwith consequential service benefits – has not demonstrated exigency to expeditiously fast track the case of decree holder. All that judgment debtor no. 2 now is required to do is to immediately process his case and ensure that not only file is placed before competent authority but competent authority also issues appropriate orders forthwith,” adding “no further latitude can be given to judgment debtor no. 2 who instead is expected to reflect seriousness in discharge of the onus that General Administration Department has placed on him.”
Adverting to the delay in processing the case of decree holder by judgment debtors, court noted “It un-disputably is the obligation of judgment debtor no. 2 to draw a link between his obligation to process the case of decree holder, place it before competent authority for issuance of appointment order and satisfaction of decree, for – competent authority then has no option but to issue final order of appointment consistent with terms of decree and that judgment debtor no. 2 and competent authority should have no second guessing on this account. After all, decree holder cannot be left toiling from pillar to post for ten years to earn decree in his favour in the first place and thereafter for more than six years in process of fructifying it through instant execution. Judgment debtor no. 2 has to un-routine the routine-ness and accord top priority to implement the order passed today.”
Govt. Advocate appearing on behalf of judgment debtor no. 2 was directed to ensure that copy of this order be provided to judgment debtor no. 2 today itself for compliance and matter has been fixed in wait of compliance report by Director School Education, Jammu on 28.10.2021.
It is worthwhile to mention here that petitioner by virtue of judgment and decree dated 04.02.2010 passed by this court, decree holder was declared to have been appointed as teacher w.e.f the date he submitted his joining report and the order of Chief Education Officer – Doda (who is judgment debtor no. 3) dated 15.07.2000 was declared null and void and non-est. Decree holder was also declared entitled to all consequential service benefits from the date he submitted the joining report. It is this decree drawn on 04.02.2010 which is being sought to be executed by virtue of this execution petition under Order 21 Rule 11 of CPC. JNF