Y P GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition is a sequel to our judgment in P. K. Ramachandra Iyer v. Union of India (1984) 2 SCC 141 : (AIR 1984 SC 541 : 1984 Lab IC 301). While allowing writ petition and Review petition a number of directions were given in that judgment in relation to the contention's raised before the Court.

(2.) By the present petition, the petitioner contends that the directions given by the Court have not been carried out and further directions are necessary to give full effect to the judgment of this Court. It may be clarified that a petition for directions and not for contempt has been moved. We propose to take note of the legitimate grievances canvassed on behalf of the petitioners by their learned counsel Mr. Yogeshwar Prasad.

(3.) The first grievance voiced is that Dr. Y. P. Gupta was at all material timer, senior to Dr. S. L. Mehta and that Dr. S. L. Mehta illegally scored a march over him. This Court directed that Dr. Y. P. Gupta will be put in the same scale in, which Dr. S. L. Mehta was put right from the very date when Dr. S. L. Mehta was awarded higher grade. This direction is specific and unambiguous, and enures for all benefits and all consequences that flow from the direction given to the Union of India. This benefit was given on the basis what has come to be recognised in services jurisprudence as next below rule. Therefore, Dr. Y. P. Gupta as per the direction of this Court would, be in the same scale as was Dr. S. L. Mehta from the date, the latter was given the higher scale. Necessary consequence of being put in the higher scale from the relevant date Dr. Y. P. Gupta for All purposes would be senior to Dr. S. L. Mehta. We declare the seniority of Dr. Y. P. Gupta and nothing is contended to the contrary. The respondent's shall carry out this direction.