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Judgment
Shiv Kumar Sharma
Heard.
2, The appellant Laxman Singh Solanki now deceased in the instant special appeal has impugned the order dated December 19, 1996 of the learned Single Judge whereby the writ petition was dismissed.
Having pondered over the rival submissions and on careful scrutiny of the material on record, we notice that the order dated March 21, 1984 of the Tribunal had attained finality. We also find that learned Single Bench in the impugned judgment instead of issuing direction to implement the order of the Tribunal observed that it was not within the competence of the Tribunal to pass the said order. This observation in our opinion is contrary to the ratio indicated in Gajanan L. Parnekar v. State of Goa AIR1999 SCW 3244 wherein their Lordship of the Supreme Court indicated thus:--
(para 7)
It is not disputed before us that the issue before the High Court in Writ Petition No. 261/96 was a limited one, confined to the grant of consequential benefits. The observations made in para 2 supra were, in our opinion, strictly speaking, not called for. Those observations have led to the passing of the order dated 21st/22nd January, 1999. In the counter filed on behalf of the respondents to the special leave petition, it has been stated in para 2 of the preliminary objections that "the respondents have, in obedience to the High Court''s directions have passed order dated 22.1.1999 recalling the Government''s earlier order dated 16.2.1994 taking a decision on the representations made by the petitioner.
We, therefore, allow the special appeal and set aside the order dated December 19, 1996 of learned Single Judge. We direct the respondents to implement the order dated March 21, 1984 of the Tribunal. The respondents shall ensure compliance of the order within 90 days from the date of receipt of copy of this order. No costs.