- (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 : "The applicant Dhananjaya, apprehends that by virtue of the orders passed by this Court in the above appeal, it may be construed that he is not 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 rights that have been accrued to the applicant-Dhananjaya, he is entitled to all the benefits, and to effectuate the said rights, if it is necessary, it may be open to the Corporation to create supernumerary post for the period in question and give the benefits to the applicant for which he is entitled as per the judgment of the Division Bench. The State Government is directed to issue necessary orders in this behalf. It is further clarified that this clarification does not have the effect of construing that the appellant. Dasegowda will not be entitled to the status and pensionary benefits as flowing from the order passed by this Court in the appeals". (Emphasis supplied)
(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: "In the circumstances explained above the Bangalore City Corporation is directed that Sri T.R. Dhananjaya be given all the benefits flowing out of the order of the High Court dated 19-3-1984 in Writ Petitions Nos.20147/1979 and 20148/1979 as affirmed by the Supreme court of India in SLP(C) No.7317-19/1984. This Order is passed in obedience of the direction of the Supreme Court of India contained in the Order dated 26-7-1993 passed in I.A.No.3 of CA 797/1993. It is further directed that the Bangalore City Corporation shall give effect to the said Order of the Supreme Court of India". On its receipt, the Corporation convened a meeting of the Taxation and Standing Committee for Finance and the said Committee in its Subject No.136/93 dated 21/09/1993 noticing all the disputes and directions issued by this Court resolved to create one post of Additional Chief Engineer w.e.f. 1/08/1990 in the scale of Rs.4550-5600.00 and to grant consequential benefits emanating therefrom in accordance with Section 88 (2), (3) of the Act. The Corporation in its general meeting held on 4/04/1994 resolved thus: "Therefore, be it resolved that a post of Engineer-in-Chief be created in the pay of Rs.5000-6300 and the same be filled by deputation from the Government. It be further resolved that the post of Chief Engineer now in existence be filled by promotion of an official of the Corporation than by deputation. It is further resolved that a supernumerary post of an Additional 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 when to the Government, the Government in its impugned proceedings dated 10/07/1995 stated thus: "18. Whereas the resolution of the Bangalore City Corporation as referred to the above at Sl.No.(ix) falls short of due compliance to the orders passed by the Hon'ble Supreme Court of India of 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. JUDGEMENT_619_5_1995Html1.htm This Order is issued in compliance with the orders of Hon'ble Supreme Court of India in IA No.3 of CA No.797/93 and the undertaking given by the Government of Karnataka in various cases before the Hon'ble High Court of Karnataka and the Hon'ble Supreme Court of India, including the undertaking given to the Hon'ble Supreme Court of India on 10-5-1995 in Contempt Petition No.234 of 1994".
(3.) THE present contempt petition is considered and disposed of in the aforesaid background facts. It is submitted by Sri Rama Jois, learned counsel appearing for the petitioner, that the Government has grossly violated the order passed by this Court by denying to the petitioner the benefits arising out of the order passed by the Division Bench of the High Court, which was affirmed by this Court in the S.L.P.Nos.7317-19/1984. It is further submitted that the directions issued by this Court on 26/07/1993 clearly indicate that whatever rights the petitioner was entitled to i.e. promotion as an Engineer-in-Chief, were to be given with consequential benefits and that the denial thereof is a deliberate disobedience of the orders of this Court.;