Back
2000 Supreme(SC) 1384
SUPREME COURT OF INDIA
M. JAGANNADHA RAO, JJ
STATE OF HARYANA
Vs.
Ram Kumar
Decided on August 22, 2000
An administrative order cannot overrule a judgment, and reinstatement with full consequential benefits cannot be denied by an administrative order when a court order is in full force.
Headnote:
Administrative Order - Reinstatement with Full Consequential Benefits - The court held that an administrative order cannot overrule a judgment, and reinstatement with full consequential benefits cannot be denied by an administrative order when a court order is in full force.
Fact of the Case:
The respondent was reinstated with full consequential benefits by a High Court order, but a later administrative order denied back wages.
Finding of the Court:
The court dismissed the review petitions, emphasizing that an administrative order cannot overrule a judgment.
Issues: Reinstatement with full consequential benefits, Authority of administrative order to deny back wages
Ratio Decidendi: An administrative order cannot overrule a judgment, and reinstatement with full consequential benefits cannot be denied by an administrative order when a court order is in full force.
Final Decision: The review petitions were dismissed, affirming the reinstatement with full consequential benefits as per the High Court order.
( 1 ) THE order of the High Court allowing the writ petition and directing reinstatement with full consequential benefits is dated May 20, 1999,
( 2 ) THE SLP has been dismissed on April 10, 2000.
( 3 ) THE order of the Government dated January 13, 2000 states that the respondent has been reinstated. It does not, of course, deal with 10 consequential benefits.
( 4 ) IN the review petitions, a latter order of the Government dated March 8, 2000 which states that no back wages will be granted, is relied upon.
( 5 ) THIS order dated March 8, 2000 was not brought to the notice of this Court on April 10, 2000 and apart from that, it is not known under what authority the Government can refuse to pay back wages etc. by way of an administrative order when the High Court order dated May 20, 1999 was in full force. By an administrative order, the Government cannot overrule a judgment. Such an administrative order is no ground for review.
( 6 ) THERE is no merit in the review petitions and they are dismissed.
