1996 (8) TMI 557

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....ave petition arises from the order of the learned single Judge of the Allahabad High Court made in Civil Revision No. 541/96 on April 24, 1996. The admitted position is that the order of removal of the petitioner from service was set aside by the U.P. Public Services Tribunal, Lucknow. The Tribunal directed as under : "The petition is partly allowed. The O.P. No. 1 and 2 are directed to c....

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....nged the legality thereof only in respect of the direction to pay the interest at 12%. In the revision, the High Court in the impugned order held that the executing Court had no power to enlarge the decree. The decree of the Tribunal does not grant payment of interest and, Wherefore, the order directing payment of interest was without jurisdiction. Thus this special leave petition. It is conten....

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....ravel beyond the order or decree under execution, It gets jurisdiction only to execute the order in accordance with the procedure laid down under Order 21, CPC. In view of the fact that it is a money claim, what was to be computed is the arrears of the salary, gratuity and pension after computation of his promotional benefits in accordance with the service law. That having been done and the court ....