The government is obligated to implement court declarations uniformly to all officers concerned in service matters, and denial of benefits based on notional promotions was deemed arbitrary and illegal.

Raj an, J.

Petitioners in these Original Petitions are retired District Educational Officers. While working as High School Assistants, they were promoted as Assistant Educational Officers ( a.e.o.). By G.O. (P)_ No. 57/80/G.Edn. dated 22.5.1980 the post of A.E.O. was upgraded and the scale of pay was made equivalent to that of Headmaster. Consequently, the petitioners were reverted as High School Assistants. Some of the persons effected by the above reversion filed Original Petitions before this Court. Finally, the matter was taken up before the Supreme Court. The Supreme Court declared that the reversions were illegal. The above decision is reported in C.C. Padmanabhan v. Director of Public Instruction (MR 1981 SC 64). The operative portion of the above decision reads as follows:

"In the result all the five appeals succeeded and are accepted. The impugned judgment is set aside and the orders transferring' the appellants from the post of aeo s to those of HS As are quashed. As a necessary consequence if any of the appellants had to relinquish charge of the post of aeo in compliance with such orders, he shall be deemed to have continued to hold the post of an aeo (inspite of and right from the date of the order of his transfer as HS a) and to be entitled to all the benefits pertaining to that post, and the respondents are directed to repost him as aeo as expeditiously as possible and within a month from the date of this order at the latest".

2. Claiming the benefit of the above judgment other persons who were reverted filed appeals before the Supreme Court. Those appeals, C. A. Nos. 4191 of 4194 of 1983 also were allowed by the Supreme Court by judgment dated 11.1.1985. Again the Supreme Court has to clarify the decision referred to above in CMP Nos. 35840-42/1985,36618/ 1985,5209/1986 and 46505-08/1985. In the order dated 22.1.1987 the Supreme Court clarified the matter as follows:

"The petitioners and those who are similarly situated will be entitled to the benefit of this Court's judgments dated 30.7.1980 and 11.1.1985 and will be given posting as Assistant Educational Officer in the upgraded post. They will be entitled to consequential benefits. Intervention applications are allowed. These civil Misc. Petitions are disposed of accordingly".

3. By way of implementation of the above judgments/orders Government issued G.O.(Rt) No. 1951/87/G.Edn. dated 4.7.1987. By the above order the Government granted the benefit of the judgments of the Supreme Court to 52 persons who approached the Supreme Court. Claiming similar benefits the present petitioners filed O.P. No. 9053 of 1987 before this Court which resulted in Ext. P1 judgment. A Division Bench of this Court in Ext. P1 judgment held that orders passed by the Government refusing the benefits of the directions contained in the judgment of the Supreme Court could not be sustained. It was also made clear that the petitioners are entitled to the benefits contained in the directions given by the Supreme Court. Thus, the Government was directed to consider afresh the case of the petitioners and to pass appropriate orders implementing the directions contained in the judgment of the Supreme Court.

4. Against Ext. P1 judgment Special Leave Petitions were filed before the Supreme Court which were dismissed. Even thereafter, the Government did not implement the directions contained in Ext. P1 judgment. Therefore, C.C.C No. 91/1990 was filed before this Court. Pending decision of the above contempt of court case Government issued Ext. P-2 order dated 31.12.1990 giving promotions to the petitioners and others with effect from 22.5.1980. The following are the directions issued in Ext. P2 order:

"i) Those who were working as A.E.O. s on 22.5.1980 will be assigned Gazetted Cadre of A.E.O. in the scale of pay of Rs. 700-1270 w.e.f. 22.5.1980 and they will be continued in the post.

ii) 80 (eighty) supernumerary posts of A.E.O.s in the scale of pay of Rs. 700-1280 are created w.e.f. 22.5.1980