T R DHANANJAYA Vs. J VASUDEVAN

JUDGEMENT

(1.) - One D.Dasegowda, the then Superintending Engineer, a government employee on deputation to Bangalore Municipal Corporation (for short, the Corporation) as Chief Engineer, was appellant in Civil Appeal No.797 of 1993. As a last resort to salvage him, the Government had revalidated the Rules but was unsalvaged. He had challenged the judgment of the Division Bench of the High Court of Karnataka but by that time he had retired from service as Chief Engineer. Though he was unsuccessful, while declining to interfere with the order of the Division Bench of the High Court, this Court directed that he would be treated as employee of the Corporation for purpose of all retrial benefits. Subsequently, the petitioner who was competing with Dasegowda and became successful, filed I.A. No.3 in this Court, apprehending that the benefits given to Dasegowda by virtue of this Court's order dated 19/02/1993 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 19/03/1984 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 26/07/1993, passed in the aforesaid I.A. this Court clarified thus :

(2.) PURSUANT to the said order, the Government directed the Corporation to implement the order of this Court, by its order No.HUD 168 MNU 93, Bangalore dated the 2/09/1993, reading as below:

(3.) THE present contempt petition is considered and disposed of in the aforesaid background facts.