9911796707
TMI Blog2007 (9) TMI 705X X X X Extracts X X X X X X X X Extracts X X X X ..... #39;letter and spirit' and disburse 'all consequential benefits' to which the writ- petitioner was held entitled. 3. The facts of the case are that the respondent herein (writ-petitioner) joined service in Karnataka Housing Board ('Board' for short) in the year 1972. He was appointed as a Second Division Assistant and was promoted as First Division Assistant on February 15, 1972. On December 30, 1974, a seniority list of the First Division Assistants was published. The writ-petitioner challenged the said seniority list by approaching the High Court under Article 226 of the Constitution. The Writ Petition No. 1848 of 1992 was allowed on October 27, 1997 by a Single Judge of the High Court of Karnataka. The Court directed the Board to reassign seniority of the writ-petitioner by placing him above respondent Nos. 2 to 34 and to grant 'other consequential benefits'. 4. It appears from the record that Writ Appeal filed by the State against the order passed by the learned Single Judge was dismissed on March 30, 1998 by the Division Bench. Even Special Leave Petition (Civil) No. 5487 of 1998 was dismissed by this Court. The order passed by the learned Single ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the High Court directed the appellant-Board to reconsider the seniority list and reassign seniority to the writ-petitioner over respondent Nos. 2 to 34. It is also true that the Court directed consequential benefits to be extended to the writ-petitioner. According to the learned counsel, however, the said order had been complied with and the appellant-Board has paid all consequential benefits to the writ-petitioner to which he was entitled in law. He also submitted that it was the case of the writ-petitioner that the order passed by the Court had not been complied with and the appellant-Board had committed contempt, but the contempt petitions were dismissed. In view of the said order, it is not open to the writ-petitioner to contend that there was non-compliance with the order passed by the Court. A fresh petition for such relief was not maintainable. According to the counsel, the learned Single Judge was wholly justified in dismissing the petition taking into consideration dismissal of contempt petitions and in observing that the complaint of the writ- petitioner against non-compliance with the order of the Court was ill-founded. The Division Bench was in error in setting aside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Nos.2 to 34 shall be with effect from 30-12-1974 and below the petitioner. The seniority list of the petitioner and respondents Nos.2 to 34 shall be revised accordingly. Necessarily it follows that the petitioner is entitled to such other consequential benefits that he might earn consequent upon this revision of ranking. The learned counsel for the petitioner submits that the petitioner is due to retire by February, 1998. Taking into account all the circumstances, it is desirable that the 1st respondent awards all the consequential benefits that the petitioner would have earned consequent upon this judgment by 30-12- 1997. With the above direction, the writ petition is disposed of". (emphasis supplied) 13. It is not in dispute that the Board challenged the said decision by filing intra court appeal but the appeal was dismissed by the Division Bench. Even Special Leave Petition was dismissed by this Court and the order passed by the learned Single Judge had become final and binding between the parties. It was, therefore, obligatory on the Board to implement the directions issued by the learned Single Judge in the writ petition, to reassign seniority of the writ-petitioner by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directed the Authorities to comply with the directions contained in the binding decision of the Division Bench in favour of the petitioners by granting 'all consequential financial benefits' within the stipulated period. 17. In that case also, it was contended by the State that the petitioners were not entitled to consequential benefits in view of legislative provision and overriding effect under Section 11 of the Act. The Court, however, negatived the contention. It observed that it is open to a competent Legislature to remove a defect in a legislation. Such enactment or validating statute could not be held unconstitutional or ultra vires. But it is equally well settled that a binding judicial pronouncement between the parties cannot be made ineffective or inoperative with the aid of legislative power by making a provision which, in substance and in reality, overrides and overrules a decision rendered by competent Court. Such process virtually renders a judicial decision ineffective by indirectly exercising appellate power over a judicial forum which is impermissible. 18. The Court stated: "It is now well settled by a catena of decisions of this Court that a bind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot only sub-section (2) of Section 11 seeks to bypass and over-ride the binding effect of the judgments but also seeks to empower the State to review such judgments and orders and pass fresh orders in accordance with provisions of the impugned Act. The respondent-State in the present case by enacting sub-section (2) of Section 11 of the impugned Act has clearly sought to nullify or abrogate the binding decision of the High Court and has encroached upon the judicial power entrusted to the various authorities functioning under the relevant statutes and the Constitution. Such an exercise of legislative power cannot be countenanced". (emphasis supplied) 20. The Court, therefore, held that the provisions of sub-section (2) of Section 11 which interfered with the judgment of a competent Court was unconstitutional, ultra vires and void. 21. As to Section 4 of the Act, which provided certain benefits to employees only on 'notional basis', the Court held that it would not apply to the petitioners. 22. The Court stated: "We, therefore, strike down Section 11 sub- section (2) as unconstitutional, illegal and void. So far as the underlined impugned portions of Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efits that he might get consequent upon the revision of ranking". It was also observed that such benefits should be paid to him by December 30, 1997 as the writ-petitioner was to retire in February, 1998. The said decision, to reiterate, has become final and binding. It is, therefore, not open to the appellant- Board to contend that the respondent is not entitled to such benefits under 1973 Act and hence no such direction could have been issued by the Court. 25. As observed in S.R. Bhagwat, when a decision has been rendered by a competent Court, the law provides a remedy to an aggrieved party. If the appellant- Board thought that the writ-petitioner was not entitled to financial benefits as contended before us now and he could be granted such benefits only on 'notional' basis, it could have challenged the said direction and ought to have obtained an appropriate order from an appropriate Court. In the case on hand, the directions issued by the learned Single Judge were challenged by the Board, but intra court appeal as well as Special Leave Petition came to be dismissed. The direction, thus remained and in the teeth of such direction, it is not open to the appellant- B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der that Sri C. Muddaiah be paid arrears of pay and allowance for the period from 27.10.1997 to 28.2.1998 the date on which he retired from service on attaining the age of superannuation presuming that he has worked as Assistant Revenue Officer during the said period even though he had actually not worked in that capacity. Sri C. Muddaiah will not be eligible for arrears of pay and allowance for any earlier period since he has not actually worked in the cadre of Superintendents and Assistant Revenue Officers, in view of the provisions of Karnataka State Civil Services (Regulation of Pay, Promotion and Pension) Act, 1973. A statement showing the pay fixation allowed in favour of Sri C. Muddaiah consequent on the above orders is enclosed herewith. On the basis of the revised pay fixation order enclosed Sri C. Muddaiah will also be entitled for pension, gratuity and family pension etc." (emphasis supplied) 30. Bare reading of the above order makes it more than clear that the salary to be paid to the writ petitioner was from October 27, 1997 to February 28, 1998. It was expressly stated that the writ-petitioner would not be entitled to arrears of pay and allowances for any earl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eprived of them. Is it open to the Authorities in such case to urge that as he has not worked (but held to be illegally deprived), he would not be granted the benefits? Upholding of such plea would amount to allowing a party to take undue advantage of his own wrong. It would perpetrate injustice rather than doing justice to the person wronged. We are conscious and mindful that even in absence of statutory provision, normal rule is 'no work no pay'. In appropriate cases, however, a Court of Law may, nay must, take into account all the facts in their entirety and pass an appropriate order in consonance with law. The Court, in a given case, may hold that the person was willing to work but was illegally and unlawfully not allowed to do so. The Court may in the circumstances, direct the Authority to grant him all benefits considering 'as if he had worked'. It, therefore, cannot be contended as an absolute proposition of law that no direction of payment of consequential benefits can be granted by a Court of Law and if such directions are issued by a Court, the Authority can ignore them even if they had been finally confirmed by the Apex Court of the country (as has been d ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
