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        Case ID :

        2007 (9) TMI 705 - SC - Indian Laws

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        Consequential monetary benefits follow a final writ judgment despite contempt dismissal; fresh writ relief was held maintainable. The earlier writ judgment granting reassignment of seniority and consequential benefits had attained finality after the intra-court appeal and SLP were ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                          Consequential monetary benefits follow a final writ judgment despite contempt dismissal; fresh writ relief was held maintainable.

                          The earlier writ judgment granting reassignment of seniority and consequential benefits had attained finality after the intra-court appeal and SLP were dismissed. Dismissal of contempt petitions did not determine the employee's substantive entitlement to the monetary benefits flowing from that final judgment. The authority could not refuse arrears on the ground that the employee had not actually worked where the Court had directed consequential relief for wrongful deprivation of promotion or benefits. The fresh writ petition was maintainable, and the employee was held entitled to the consequential monetary benefits directed earlier; the Board's objection was rejected.




                          Issues: Whether the writ petitioner was entitled to consequential monetary benefits flowing from the earlier final judgment despite dismissal of contempt petitions and whether a fresh writ petition for such relief was maintainable.

                          Analysis: The earlier writ judgment directing reassignment of seniority and grant of consequential benefits had attained finality after the intra court appeal and Special Leave Petition were dismissed. The subsequent office orders showed that only a limited part of the monetary relief was implemented and that arrears for the earlier period were denied on the ground that the employee had not actually worked. The dismissal of contempt petitions did not decide the employee's substantive entitlement to the benefits awarded by the final judgment. A binding judicial direction cannot be ignored on the plea that the authority considered it impermissible to grant such relief. In appropriate cases, where an employee was wrongfully deprived of promotion or benefits, the Court may direct payment of consequential benefits as if the employee had worked.

                          Conclusion: The employee was entitled to the consequential monetary benefits directed in the earlier final judgment, and the fresh writ petition was maintainable. The Board's contention was rejected.


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                          ActsIncome Tax
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