The High Court has the power to issue interim orders in cases where the provisions of Art. 371-D have been questioned, as the rule of law has to prevail over the Executive's intransigence or defiance of the Tribunal's orders.

M. JAGANNADHA RAO, J.

( 1 ) THE petitioner s writ petition w P No. 5877/74, which was the third of the series of petitions, was transferred to the A P. Administrative Tribunal (hereinafter called the Tribunal) in 1976 and numbered as Tr. W P No. 1272/76. The petition related to the promotion of the petitioner to the category of Commercial tax Officers and for restoring his seniority in the said category and for the consequential benefits Durinig its pendency, the petitioner retired from service on 31-8-76 and he amended the relief in the writ petition suitably.

( 2 ) THIS Tr. W P No. 1272/76 was allowed by the Tribunal by its judgment dated 1-2-1 979. It stated that the decision to treat the petitioner as having been promoted as Deputy Commercial tax Officer with effect from 5-4-1959 having already been granted by the government, the petitioner is entitled to the arrears due to him for the period 5-4-1959 to 8-2-1968 should be determined in accordance with the rules and d to him. I further directed that the petitioner should be further considered for promotion to the post of Commercial tax Officer which was a selection post, by reviewing the promotion already made to the category of Commercial Tux officers It also directed that he should be allowed consequential benefits by way of arrears of salary, re-fixation of pension etc. , as may be admissible to him on the basis of the decision to be taken in regard to his selection as Deputy Commercial tax Officer from an earlier date. The tribunal fixed a limit of three months for implementation of these directions, having regard to the fact that the petitioner had retired.

( 3 ) AS the directions above mentioned were not implemented the petitioner filed Contempt Case No. 48/1979 in the Tribunal.

( 4 ) CURIOUSLY the Government filed a counter that they were not bound to obey the directions relating to payment of arrears of salary for non-duty period after the promotion to the category of deputy Commercial Tax Officer with restrospective effect. For this purpose they relied upon the amendment to the f R ?. 6 (a) (a) made in G 0 Ms No. 163 (Finance and Planning) Department dated 30-5-78. For review of promotions to the category of CTO the Government prayed three months further time. The tribunal passed an order on 26-11-1980 that so far as the latter aspect of review of promotion is concerned, it should be done in two more months. On the question of arrears of salary, the Tribunal permitted the matter to be brought up later. The matter again came up before the Tribunal on 31-8-1982. and in respect of review of promotions to the category of C T O and the payment of arrears immediate action was ordered to be taken in a fortnight and compliance was also to be reported. The contempt case again came up before the Tribunal on 28-3-84, and there was no improvement. On the other hand, the Government took the stand that the Tribunal had no power to punish for contempt. The Tribunal held on 28-3-1984 that there is no wilful disobedience, that if there was no response, the petitioner could file a fresh Representation petition before the tribunal or a miscellaneous petition for implementation or a fresh contempt case by impleading the parties concerned in their personal capacity.

( 5 ) FRUSTRATED with the non implementation of the Tribunal s order dated 1-2-79 and the subsequent attitude of the Government before the Tribunal, the petitioner approached this Court on 23-4-1984 for implementation of the tribunal s orders both regarding the review of promotions to the category of c TO as well as payment of arrears of salary etc. for the period 5-4-1959 to 8-2-1968.

( 6 ) THE petitioner filed the present miscellaneous petition WPM P No. 9825/84 for the issue of an interim direction to the respondents to pay the arrears of salary due and payable to the petitioner for the period 5-4-1959 to 8-2-1968 in the category of Deputy commercial Tax Officer.

( 7 ) THIS miscellaneous petition has been coming up for o

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