1995 (8) TMI 329 - SC - Indian Laws

Summary

Issues Involved:
1. Legitimacy of benefits granted to Dasegowda.
2. Rights and benefits entitled to Dhananjaya.
3. Compliance of the Government and Corporation with Supreme Court orders.
4. Contempt of Court by the Government for non-compliance.

Issue-wise Detailed Analysis:

1. Legitimacy of Benefits Granted to Dasegowda:
The appellant, Dasegowda, a retired Chief Engineer, challenged the Division Bench judgment of the Karnataka High Court. The Supreme Court directed that he be treated as an employee of the Corporation for all retrial benefits. Despite the unsuccessful challenge, the Court clarified that Dasegowda would retain his status and pensionary benefits.

2. Rights and Benefits Entitled to Dhananjaya:
Dhananjaya, who competed with Dasegowda and succeeded, filed an application apprehending that the benefits given to Dasegowda might deny him his rightful benefits. The Supreme Court clarified that Dhananjaya's rights, upheld by the Division Bench of the High Court and affirmed by the Supreme Court, would not be jeopardized. The Court directed that Dhananjaya be granted all benefits, including the creation of a supernumerary post if necessary. The Government was instructed to issue necessary orders.

3. Compliance of the Government and Corporation with Supreme Court Orders:
The Government directed the Corporation to implement the Supreme Court's order to grant Dhananjaya all benefits. The Corporation resolved to create a post of Engineer-in-Chief and a supernumerary post of Additional Chief Engineer to accommodate Dhananjaya. However, the Government's subsequent order indicated non-compliance with the Supreme Court's directives, leading to the filing of a contempt petition by Dhananjaya.

4. Contempt of Court by the Government for Non-compliance:
The petitioner argued that the Government's failure to grant him the benefits constituted deliberate disobedience of the Supreme Court's orders. The respondent contended that the petitioner was not eligible for the post of Chief Engineer and that the Government had complied with the rules. The Supreme Court found that the Government had deliberately circumvented its orders to deny Dhananjaya his rightful benefits. The Court held the Government in contempt for willful disobedience and sentenced the respondent to one month of simple imprisonment. Additionally, the Government was directed to implement the Corporation's resolution and grant all consequential benefits to Dhananjaya.

Conclusion:
The Supreme Court found the Government guilty of contempt for failing to comply with its orders and directed immediate implementation of the Corporation's resolution to grant Dhananjaya his entitled benefits. The Court emphasized that the Government's actions were a deliberate effort to deny the petitioner his rightful dues, warranting both punitive and corrective measures.