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TMI Blog1995 (8) TMI 329X X X X Extracts X X X X X X X X Extracts X X X X ..... y virtue of this Court's order dated February 19, 1993 in Civil Appeal No.797 of 1993 might be construed by the Government to mean denial of the rights flowing to him under the order passed by the Division Bench of the High Court and by this Court, and sought protection of his rights, and prayed for clarification of the order as he was not made a party to the appeal. The order dated March 19, 1984 made in his favour by the Division Bench of the High Court in W.P. Nos.20147-48/79 was upheld by this Court in S.L.P. [c] Nos. 7317-19/84. Pursuant thereto, by order dated July 26,1993, passed in the aforesaid I.A., this Court clarified thus: The applicant, Dhananjaya, apprehends that by virtue of the orders passed by this Court in the above appeal, it may be entitled to the benefits arising out of the orders passed by the Division Bench of the Karnataka High Court as confirmed by this Court referred to above. It is clarified that this Court did not intend to upset the rights given to the applicant-Dhananjaya by virtue of the order passed by this Court in the above appeal. He will be entitled to all the benefits flowing from those orders. Under these circumstances, whatever right ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Chief Engineer be created and the said post be filled by promotion of Sri T.R.Dhananjaya in accordance with the Government order with effect from the supernumerary date. [Emphasis supplied] When the matter went to the Government, the Government in its impugned proceedings dated July 10, 1995 stated thus: 18. Whereas the resolution of the Bangalore City Corporation as referred to the above at SI. No. (ix) falls short of due compliance to the orders passed by the Hon'ble Supreme Court of India on 26.7.1993 in IA No.3 of CA No. 797/93 separate action as contemplated under law is being taken to deal with the said resolution. 19. And now, therefore, on account of the failure of Bangalore City Corporation to accord the appropriate benefits as mentioned above to Sri T.R. Dhananjaya, the Government of Karnataka deems it necessary to pass the following order: The Bangalore City Corporation is hereby directed to accord such benefits to Sri T.R. Dhananjaya as are indicated in para 16 of the preamble. The Bangalore City Corporation is further permitted to create supernumerary posts as detailed below for the purpose of granting such benefits. Sl. No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and, therefore, the action of the Government in passing the impugned order does not amount to contempt of the Court. The question, therefore, is whether the State Government has implemented the direction of this Court and the earlier order in its letter and spirit and whether the impugned order of the Government is contumacious. It would be clear from the record that the Government intended to salvage the post of Dasegowda as he was deputed to the Corporation by the Government as its nominee. In all the proceedings, the Government failed and ultimately even its attempt to salvage Dasegowda by making amendment to the rules and revalidation did not yield the desired result, since the High Court declared those revalidation rules to be ineffective as far as Dasegowda was concerned. It is an admitted fact that the dispute between the petitioner and Dasegowda was considered by the Division Bench of the High Court and the right of the petitioner was upheld and that of Dasegowda was denied. Others who joined in the litigation dropped out in midstream. The petitioner alone persisted and became successful. When the petitioner apprehended that by virtue of this Court's order giving ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bench of Karnataka High Court upheld the right of the petitioner which became final. Question is whether it is open to the respondent to take at this stage this volte-face step.It is seen that all through the Government was a party. When the direction was given in I.A. No.3 filed by the petitioner was not eligible for promotion, in contra-distinction with Dasegowda, or any other. When the claim inter se had been adjudicated and the claim of the petitioner had become final and that of Dasegowda was negatived, it is no longer open to the Government to go behind the orders and truncate the effect of the orders passed by this Court by hovering over the rules to get round the result, to legitimize legal alibi to circumvent the orders passed by this Court. Thus it is clear that the concerned officers have deliberately made concerted effort to disobey the orders passed by this Court to deny the benefits to the petitioner. So, we are left with no option but to hold that the respondent has deliberately and willfully, with an intention to defeat the orders of this Court, passed the impugned order. Sri Hegde submits that the respondent-contemner was bona fide under the impression that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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