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Dr Y.P. Gupta Vs. Union of India (Uoi) and ors. - Court Judgment

LegalCrystal Citation
SubjectService
CourtSupreme Court of India
Decided On
Case NumberCivil Miscellaneous Petition No. 29029 of 1984 in Special Leave Petition No. 2339 of 1975
Judge
Reported in1984LabIC1712; 1984(2)SCALE543; (1985)1SCC43; 1985(17)LC235(SC)
AppellantDr Y.P. Gupta
RespondentUnion of India (Uoi) and ors.
Cases ReferredP.K. Ramachandra Iyer and Ors. v. Union of India
Excerpt:
- [a.k. sarkar, c.j.,; j.r. mudholkar and; r.s. bachawat, jj.] the appellant an advocate who maintained his accounts on the cash system gave up practice when he was elevated to the bench in 1957. certain outstanding professional dues were however received by him in the accounting years 1958 and 1959. these receipts were shown by him as income in his return for the assessment years 1959-60 and 1960-61 and were assessed by the income-tax officer. the appellant then went in revision to the commissioner of income-tax contending that the said receipts were not income and had been wrongly taxed. the commissioner having decided against him the appellant came to this court under art. 136 of the constitution. held: (i) the receipts in the present case were clearly the fruits of the assessee's..........given the higher scale. necessary consequence of being put in the higher scale from the relevant date dr. y.p. gupta for all purposes would be senior to dr. s.l. mehta. we declare the seniority of dr. y.p. gupta and nothing is contended to the contrary. the respondents shall carry out this direction.4. the second grievance is more sentimental but less sensible. the contention is that dr. y.p. gupta was removed from the membership of the post graduate faculty of i.a.r.i. on 3.5.71. mr. lokur, learned counsel who appeared for the icar had frankly stated that dr. y.p. gupta will be restored to the membership of the faculty. dr. y.s. chitale, learned counsel for icar now states that y.p. gupta has been admitted to that membership from april 18, 1978. this must satisfy dr. y.p. gupta. no.....
Judgment:
ORDER

1. The present petition is a sequel to our judgment in P.K. Ramachandra Iyer and Ors. v. Union of India : (1984)ILLJ314SC While allowing Writ Petition and Review Petition a number of directions were given in that judgment in relation to the contentions raised before the Court.

2. By the present petition, the petitioner contends that the directions given by the Court have not been carried out and further directions are necessary to give full effect to the judgment of this Court. It may be clarified that a petition for directions and not for contempt has been moved. We propose to take note of the legitimate grievances convassed on behalf of the petitioners by their learned Counsel Mr. Yogeshwar Prasad.

3. The first grievance voiced is that Dr. Y.P. Gupta was at all material times senior to Dr. S.L. Mehta and that Dr. S.L. Mehta, illegally scored a march over him. This Court directed that Dr. Y.P. Gupta will be put in the same scale in which Dr. S.L. Mehta was put right from the very date when Dr. S.L. Mehta was awarded higher grade. This direction is specific and unambiguous and enures for all benefits and all consequences that flow from the direction given to the Union of India. This benefit was given on the basis what has come to be recognised in services jurisprudence as next below rule. Therefore, Dr. Y.P. Gupta as per the direction of this Court would be in the same scale as was Dr. S.L. Mehta from the date latter was given the higher scale. Necessary consequence of being put in the higher scale from the relevant date Dr. Y.P. Gupta for all purposes would be senior to Dr. S.L. Mehta. We declare the seniority of Dr. Y.P. Gupta and nothing is contended to the contrary. The respondents shall carry out this direction.

4. The second grievance is more sentimental but less sensible. The contention is that Dr. Y.P. Gupta was removed from the membership of the Post Graduate Faculty of I.A.R.I. on 3.5.71. Mr. Lokur, learned Counsel who appeared for the ICAR had frankly stated that Dr. Y.P. Gupta will be restored to the membership of the Faculty. Dr. Y.S. Chitale, learned Counsel for ICAR now states that Y.P. Gupta has been admitted to that membership from April 18, 1978. This must satisfy Dr. Y.P. Gupta. No further direction in this behalf is necessary. It may be clarified that the removal from membership being set aside no stigma attached to Dr. Gupta and if there be any Dr. Chitale states that the same is washed away by the unconditional readmission. The petition is disposed of with these clarifications with no order as to costs.


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