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1983 Supreme(Del) 329
High Court Of Delhi
UNION OF INDIA - Appellant
Versus
KEWAL KRISHAN MITTAL - Respondent
Decided On : 11/25/1983
A court has the jurisdiction to issue a direction to the Union of India for the payment of arrears of salary to the legal representatives of a deceased government servant whose dismissal order has been set aside.
Headnote:
{'KEYWORD': 'ARREARS OF SALARY', 'SUBJECT': 'PAYMENT OF ARREARS OF SALARY TO GOVERNMENT SERVANT AFTER DISMISSAL ORDER SET ASIDE', 'ACT SECTION LIST': []}
Fact of the Case:
The respondent, late Shri Kewal Krishan Mittal, in 1963 brought a suit for declaration that his services had been wrongly terminated by the appellant, Union of India. On 14th June, 1960 his services were terminated. The principal ground of challange was that Art. 311 of the Constitution was breached. He clamed a decree of Rs. 2,358. 72 as the difference between the suspension allowance and his pay. The subordinate judge decreed the suit on 2nd December, 1967. The Union of India appealed. The Additional District Judge by order dated 30th October, 1971 accepted the appeal and dismissed the suit. On a second appeal to this court H. L. Anand J. reversed the lower appellate court and restored the decree of the trial court. He declared that the order of termination of the appellant s services was null and void and that that he continued to be in service throughout. He also gave a decree for Rs. 2,358. 72.
Finding of the Court:
The court held that it had the jurisdiction to issue a direction to the Union of India for the payment of arrears of salary to the legal representatives of late Shri Mittal. The court further held that the legal representatives of the deceased Shri K. . K. Mittal will be paid Rs. 1,31,136. 65 (Rupees one lac thirty one thousand one hundred thirty six and paise sixty five only ).
Issues: 1. Whether the court had the jurisdiction to issue a direction to the Union of India for the payment of arrears of salary to the legal representatives of late Shri Mittal? 2. Whether the legal representatives of the deceased Shri K. . K. Mittal were entitled to the payment of arrears of salary?
Ratio Decidendi: 1. The court held that it had the jurisdiction to issue a direction to the Union of India for the payment of arrears of salary to the legal representatives of late Shri Mittal on the following grounds: * The appeal was admitted by the Letters Patent Bench. * The appeal had abated as within the prescribed period of limitation the heirs of the deceased respondent were not brought on the record. * Abatement, it is true, is automatic. But there was more than this. Three applications (C. M. Nos. 949, 950 and 967 of 1980) were made to us in July 1980 to permit the appellant Union of India to bring the legal representatives of the deceased respondent on record and to condone the delay. These applications we dismissed on 6th August, 1980. * We dealt with these applications judicially. We rejected the applications to set aside the abatement. We refused to condone the delay. There was no appeal against our order to the Supreme Court. In the circumstances it clearly became final. 2. The court held that the legal representatives of the deceased Shri K. . K. Mittal were entitled to the payment of arrears of salary on the following grounds: * The suit out of which the appeal arose was launched as long ago as 1963. * If we do not issue the direction and let the executing court deal with the issue of payment the tale of twenty years will be completed and the dispute will probably continue for many more years. * There will be prolongation and. multiplication of proceedings. This the court must avoid at all costs. Justice delayed is justice denied. This case is a graphic illustration. * So we thought that the proper thing to do was to direct the Union of India to make payment of the arrears of salary to the heirs of Mr. Mittal. We think that we are competent to do so.
Final Decision: The court dismissed the objections of the Union of India and ordered that the legal representatives of the deceased Shri K. . K. Mittal will be paid Rs. 1,31,136. 65 (Rupees one lac thirty one thousand one hundred thirty six and paise sixty five only ). The amount deposited in this court will be paid to them. The appellant will pay costs of these proceedings. Counsel fee Rs. 500. 00.
( 1 ) THE single question in these proceedings is whether this court can issue a direction to the Union of India for the payment of arrears of salary to the Government servant after the dismissal order has been set aside.
( 2 ) THIS is a tale of twenty years. The respondent, late Shri Kewal Krishan Mittal, in 1963 brought a suit for declaration that his services had been wrongly terminated by the appellant, Union of India. At the relevant time he was holding the post of a Managing Officer-cum-Assistant Custodian at Delhi. On 14th June, 1960 his services were terminated. The principal ground of challange was that Art. 311 of the Constitution was breached. He clamed a decree of Rs. 2,358. 72 as the difference between the suspension allowance and his pay. The subordinate judge decreed the suit on 2nd December, 1967. The Union of India appealed. The Additional District Judge by order dated 30th October, 1971 accepted the appeal and dismissed the suit. On a second appeal to this court H. L. Anand J. reversed the lower appellate court and restored the decree of the trial court. He declared that the order of termination of the appellant s services was null and void and that that he continued to be in service throughout. He also gave a decree for Rs. 2,358. 72.
( 3 ) FROM the order of the learned single judge the Union of India filed a letters patent appeal on 17th December, 1974. The appeal was admitted by a bench of this court on 2nd April, 1975. On 31st October, 1978 Shri Mittal died. This fact was brought to the notice of counsel of the Union of India. But as no steps were taken to bring the legal representatives of the deceased respondent on record, the appeal abated. This was sought to apply for setting aside the abatement and condonation of delay. Time was granted. But no application for setting aside the abatement was made. As a result on 29th July, 1980 we held that the appeal had abated and as no steps for setting aside the abatement were taken the record be consigned to the record room. Because there was nothing else to do. Later on an application for setting aside the abatement was made. That application we dismissed on 5th August, 1980.
( 4 ) ON 11th July, 1983) the sons of late Shri Mittal made an application to this court under Section 151, Code of Civil Procedure praying for a direction to the Union of India to pay to them all the pay and allowances due to their late father in terms of the declaration made in this favour that he continued in service right upto 31st March, 1976 when Shri Mittal would have superannuated on attaining the age of 58 years. This application was opposed by the Union of India on a variety of grounds. In the reply the Union of India filed a statement before us showing that a sum of Rs. 1,31,136. 65 was due to late Shri Mittal for the period from 18th June, 1960 to 31st March, 1976. On this we directed the Government to deposit this amount in court. We were requested not to make payment to the legal representatives until the objections of the Union of India are heard and disposed of by us. We agreed to this suggestion. The Union of India has deposited in this court the entire amount of Rs. 1,31,136. 65. Now we have heard Mr. P. P. Khurana, counsel for Union of India, at length.
( 5 ) THREE objections were raised before us. In the first place counsel contended that we had no jurisdiction to issue the direction to the Government to make payment of arrears of salary to the legal representatives of late Shri Mittal. He submitted that the legal representatives have started execution proceedings against the Union of India in the court of subordinate judge and the Government has paid the decretal amount of Rs. 2,358. 72 in full satisfaction of the decree. He argued that the executing court was the complete court to execute the decree and that this court had become functus officio after the appeal had abated and the application for setting aside the abatement had been refused. In other
