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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, C.KUMARAPPAN, JJ.
The Executive Officer – Appellant
Versus
N.Lilli Vasanthakumari – Respondent
W.A.No.2084 of 2021 and CMP.No.13189 of 2021
Decided on : 10-06-2024
Writ Appeal - Service Benefits - The court addressed the entitlement of employees to service benefits pending a Supreme Court decision, emphasizing the necessity to extend any benefits granted by the Apex Court to the respondents, thereby reinforcing the principle of equitable treatment in service matters.
Fact of the Case:
The appellant, Sembakkam Town Panchayat, filed a Writ Appeal challenging an order regarding service benefits for employees, referencing a prior Full Bench judgment that was under appeal in the Supreme Court.
Finding of the Court:
The court found that the issues raised were not new and had been previously addressed by a Full Bench. It acknowledged the pending Supreme Court case and determined that any benefits granted by the Supreme Court should also apply to the respondents.
Issues: Whether the employees are entitled to service benefits pending the Supreme Court's decision on a related matter.
Ratio Decidendi: The court held that the principles established in the Full Bench judgment should be applied, and any benefits from the Supreme Court's ruling should extend to the employees involved in the case.
Result: The Writ Appeal was disposed of with the directive to extend any benefits granted by the Supreme Court to the respondents, with no costs awarded.
JUDGMENT :
[Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.]
Prayer: Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order dated 12.04.2019 made in W.P.No.9129 of 2013.
The learned counsel appearing on behalf of the appellant-Sembakkam Town Panchayat Mr.P.Srinivas would submit that the issues raised in the Writ Appeal are no more res integra. The Full Bench of this Court considered the issues in Rev.Aplc.(MD) No.87 of 2014 in WA(MD).No.729 of 2013 etc., and delivered the judgment on 30.05.2017. The said Full Bench judgment has taken by way of Appeal before the Hon'ble Supreme Court of India in SLP (C) No.21935 of 2017 and subjudiced. That being the factum, the respondent-Employees is entitled for the benefit if any granted by the Hon'ble Supreme Court of India in the pending SLP. In other words, the order to be passed by the Apex Court is to be extended to the respondents in the matter of granting service benefits.
2. With the above observations, the Writ Appeal stands disposed of. No costs. Consequently, connected CMP is also closed.
Employees are entitled to service benefits pending a Supreme Court decision, ensuring equitable treatment in service matters.
The reinstatement of an employee to a position after a cancellation of a previous appointment negates any claims of grievance regarding the initial appointment.
The resolution of grievances in employment matters can lead to the dismissal of related writ appeals when no further issues remain.
The court established that delays in service-related claims do not bar relief if based on a continuing wrong, and benefits should be calculated from the date of filing the writ petition.
All petitioners must be included in a writ appeal challenging a common order to ensure maintainability.
A legal action becomes infructuous when the underlying cause for the action ceases to exist, warranting dismissal of the appeal.
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