(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 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 retiral benefits. Subsequently, the petitioner who was competing with Dasegowda and became successful, filed IA No. 3 in this court, apprehending that the benefits given to Dasegowda by virtue of this courts order dated 19-2-1993 in Civil 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 19-3-1984 made in his favour by the division bench of the High court in WPs Nos. 20147-48 of 1979 was upheld by this court in Special Leave Petitions (C) Nos. 7317-19 of 1984. Pursuant thereto, by order dated 26/7/1993, passed in the aforesaid IA, 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 Kamataka 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."

(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 2/9/1993, reading as below:

"IN the circumstances explained above the Bangalore City Corporation is directed that Shri 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 Special Leave Petitions (C) Nos. 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 IA 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."

(3) 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 of 1993 dated 21/9/1993 noticing all the disputes and directions issued by this court resolved to create one post of Additional Chief Engineer w.e.f. 1/8/1990 in the scale of Rs. 4,550-5,600 and to grant consequential benefits emanating therefrom in accordance with Section 88(2(3 of the Ac