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N. V. ANJARIA, KRISHNA S DIXIT
Managing Director Karnataka Power Transmission Corporation Limited (KPTCL) – Appellant
Versus
L Mallikarjunappa, S/o Late Sri. Linganna – Respondent
JUDGMENT :
All these appeals having substantially similar factual and legal matrices, seek to lay a challenge to the learned Single Judge’s orders whereby, subject writ petitions having been favoured, the following direction has been issued:
2. Learned Senior Panel Counsel appearing for the appellant-Management vehemently argues for the invalidation of the impugned judgment on the following lines:
(i) That the Apex Court decision in KPTCL vs. C.P.MUNDINAMANI (2023) SCC OnLine SC 401 has the effect of doctrine of prospective overruling and therefore, no benefit could have been granted to the employees that have retired earlier.
(ii) The said decision of the Apex Court is a judgment in personam and therefore, binds only parties thereto, and not others. That being the position, it could not have been treated as a judgm
The obligation of the employer as a model employer in a Welfare State and the application of previous judgments to extend benefits to all similarly circumstanced employees.
The binding nature of judgments under Article 141 of the Constitution and the ineffectiveness of previous mandamus in light of a subsequent declaration of law by the Apex Court.
An employee is entitled to an annual increment earned on the last date of service, impacting pension calculations.
The enhancement of retirement age is a policy decision of the government, and employees cannot claim a right to continue in service pending such a decision.
The court upheld the retirement age of 60 for employees of a public sector undertaking, declaring attempts to roll back this age unauthorized without Cabinet approval.
The enhancement of retirement age is a policy decision of the government, not a right of employees, and cannot be mandated by the court.
An employee is entitled to an annual increment earned prior to retirement for pension calculations, as established by recent Supreme Court rulings.
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