2008 (11) TMI 668 - SC - Indian Laws

Whether the miscellaneous application preferred by the first appellant could be said to be founded on a fresh cause of action?

Summary

Issues Involved:
1. Maintainability of the miscellaneous application post-final disposal of writ petitions.
2. Entitlement to placement in an equivalent or higher pay scale.
3. Implementation of the final order dated 11th October 2004.

Issue-wise Detailed Analysis:

1. Maintainability of the Miscellaneous Application Post-Final Disposal of Writ Petitions:
The Supreme Court addressed the maintainability of a miscellaneous application filed after the final disposal of writ petitions. The Division Bench of the High Court had held that the miscellaneous application was not maintainable post-final disposal, as it was considered to be without jurisdiction. The Supreme Court, however, clarified that a party is not entitled to seek a review of a judgment merely for the purpose of rehearing and a fresh decision. However, it is permissible to seek clarification if the order is ambiguous or equivocal. The Court emphasized that the miscellaneous application in this case did not present a fresh cause of action but sought clarification and implementation of the already granted relief. Therefore, the application was maintainable.

2. Entitlement to Placement in an Equivalent or Higher Pay Scale:
The appellants contended that they were entitled to be placed in an equivalent or higher pay scale as per the final order dated 11th October 2004. The learned Single Judge had directed that the appellants should be posted to a post in the equivalent scale held by them when the letter dated 23rd April 2003 was issued. The Indian Airlines was obligated to implement this direction. The appellants argued that they were placed in a lower pay scale than they were entitled to. The Supreme Court supported the appellants' contention, stating that the Indian Airlines could not circumvent the clear direction of the court without challenging or seeking clarification of the order.

3. Implementation of the Final Order Dated 11th October 2004:
The final order dated 11th October 2004 had directed that the appellants be given the benefit of past service, posted to a post in an equivalent scale, and provided basic pay protection. The appellants moved a miscellaneous application seeking implementation of this order, specifically regarding their placement in the appropriate pay scale. The learned Single Judge, in his order dated 4th March 2005, directed the Indian Airlines to place the appellants in the pay scale they held when the letter dated 23rd April 2003 was issued. The Supreme Court found that the Division Bench erred in reversing this order, as the miscellaneous application sought to enforce the already granted relief, not a fresh cause of action. Consequently, the Supreme Court restored the order of the learned Single Judge, directing the Indian Airlines to implement the main order dated 11th October 2004.

Conclusion:
The Supreme Court allowed the appeal, setting aside the Division Bench's order and restoring the learned Single Judge's order dated 4th March 2005. The Indian Airlines was directed to implement the main order dated 11th October 2004, ensuring that the appellants were placed in the appropriate pay scale with the benefits of past service and pay protection. The parties were directed to bear their own costs.