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[Cites 2, Cited by 3]

Karnataka High Court

Union Of India vs Smt C R Sulochana on 25 April, 2013

Bench: N.Kumar, B.Manohar

                        1



  IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 25th DAY OF APRIL 2013

                     PRESENT

         THE HON'BLE MR.JUSTICE N.KUMAR

                       AND

       THE HON'BLE MR.JUSTICE B. MANOHAR

            WP NO 11449 OF 2013(S-CAT)

BETWEEN:

1.UNION OF INDIA
REP BY ITS SECRETARY,
MINISTRY OF HUMAN RESOURCE DEVELOPMENT,
DEVELOPMENT OF SECONDARY AND HIGHER
EDUCATION, DESK-IV, SHASTRY BHAVAN,
NEW DELHI- 110 001

2.THE DIRECTOR
CENTRAL INSTITUTE OF INDIAN LANGUAGES,
OPP: B M HOSPITAL, HUNSUR ROAD,
MANASAGANGOTHRI,
MYSORE- 560 006                   ... PETITIONERS

(By Sri. M VASUDEVA RAO, ADVOCATE)

AND:

SMT C R SULOCHANA
W/O SHRI SHRIDARA MURTHY,
AGED ABOUT 61 YEARS,
LIBRARIAN,GRADE-II,(RETD.)
CENTRAL INSTITUTE OF INDIAN LANGUAGES,
MANASAGANGOTHRI,
MYSORE- 560 006
NOW R/AT                          ... RESPONDENT
                                      2



(By Sri.S NARAYAN & NAGESH KUMAR.G.M., ADVOCATES
FOR CAVEATOR/RESPONDENT)

     THIS W.P. IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED ORDER DT.7.9.11 IN OA.NO.113/08,
PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL,
BANGALORE BENCH, BANGALORE PRODUCED AT ANN-C.

      This writ petition coming on for preliminary hearing
this day, N.KUMAR. J., passed the following:

                               ORDER

The Union of India has preferred this writ petition challenging the order passed by the Central Administrative Tribunal.

2. By the impugned order, a direction was issued to the Authorities to fix the pay of the applicant appropriately as per her eligibility for the post of Librarian of category III library as on 31.3.2002 and to refix the pay as on 31.3.2005 in the grade applicable to librarians of category IV library. Further, it was held that the applicant shall be entitled for all consequential benefits including refixation of her pension and all pensionary benefits as also the arrears accrued by such fixation. Three months' period was fixed for doing the exercise. For not implementing the said order, the applicant filed a contempt petition before the Tribunal. After 3 filing of the contempt petition, the order of the Tribunal has been implemented in toto. The applicant is aged 61 years. As they have already implemented the order, the grievance of the petitioners is the said order of the Tribunal should not become a precedent in future. Therefore, if it is made clear that it would not become a binding precedent, they would be satisfied with the order of the Tribunal.

3. In view of the aforesaid submission, as the petitioners have already complied with the order of the Tribunal and the applicant has retired from service, no case for interference is made out. However, it is made clear that the order of the Tribunal in O.A.No.113/08 disposed of on 7.9.2011 would not operate as a binding precedent either on the Tribunal or on the respondents.

Writ petition is disposed of.

Sd/-

JUDGE Sd/-

JUDGE *alb/-.