S.M. Munawalli Vs. State of Karnataka - Court Judgment

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.....been passed in favour of the decree holder, they were not entitled to the arrears of pay. having regard to the nature of the decree passed, it was executable. whether by reason of the decree the plaintiffs would be getting some amount by way of back wages for a period of more than three years would depend upon the facts of each case. it would also depend upon the date on which the cause of action of suit arose. it was also not a case where the supreme court could exercise its jurisdiction under article 142 of the constitution of india to mould an order. the decree passed by the trial court has attained finality. whether rightly or wrongly, the judgment of the trial judge has been affirmed by the supreme court. it was one thing to say that no right having crystallized in favour of a party to the lis, the supreme court could mould the relief appropriately, but it was another thing to say that despite the decree being found to be an executable one, the supreme court would refuse to direct execution thereof.1. delay condoned.2. leave granted.3. heard the learned counsel for the parties. it is apparent that the order dated 18-8-1995 passed by the karnataka administrative tribunal (for short 'the tribunal') dismissing the petition solely on the ground of limitation is erroneous because in the present matter the appellant claims that his pension should be fixed on the basis of his seniority after taking into consideration his past service in agricultural produce market committee, ramadurga. the dispute with regard to the pension arose only on 28-2-1993. the application was filed before the tribunal in 1995. hence it cannot be said that it was barred by delay. in this view of the matter, the impugned order passed by the tribunal is quashed and set aside. the tribunal is directed to decide the matter afresh on merits and consider whether as per rules the previous services rendered by the appellant in other department as contended by him can be taken into consideration for determining the pension payable to him,4. the appeal is disposed of accordingly. no order as to costs.