Declaratory decree execution cannot add arrears or consequential benefits unless those reliefs were expressly granted

A declaratory decree under Section 34 of the Specific Relief Act, 1963 only declares legal rights, and an executing court cannot enlarge it by granting reliefs not expressly awarded or necessarily flowing from the declaration. In the context of a Government servant's service status, a bare declaration that the employee continues in service does not permit execution for reinstatement-related consequences, arrears of salary, or other monetary benefits. Any such further relief must be claimed and obtained in the original suit or through separate proceedings. The executing court must confine itself to the terms of the decree and cannot travel beyond them.

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Issues: Whether a declaratory decree that a Government servant continues in service, without any express relief for reinstatement, arrears of salary or other consequential benefits, can be executed to grant such additional reliefs.

Analysis: A suit for declaration of legal character is governed by Section 34 of the Specific Relief Act, 1963, and a decree passed thereunder merely declares the rights of the parties. The executing court is bound by the terms of the decree and cannot enlarge it by directing reliefs that were neither granted nor necessarily flow from the declaration. Although a Government servant holds a status governed by statute and service rules, that does not authorise execution of a bare declaratory decree for arrears of salary or other consequential monetary benefits. Any such further relief must be sought and obtained in the suit itself or in independent proceedings, and the executing court cannot travel beyond the decree.

Conclusion: The declaratory decree was not executable for arrears of salary or other consequential benefits, and the respondent could not obtain those reliefs in execution.

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