KARNATAKA HIGH COURT
THE MANAGING DIRECTOR – Appellant
Versus
SRI L MALLIKARJUNAPPA – 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:
“In the result, the respondents are directed to re-fix the salary of the petitioners by granting them the additional annual increment, and consequentially, also refit and pay their pension along with the arrears of salary and pension accrued so far, within a period of three months from the date of receipt of a copy of this order. The Writ Petitions are accordingly allowed.”
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 judgmen
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