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2006 (1) TMI 625 - SC - Indian LawsValidity of an amendment of the reservation policy of the State - Appointment to Group 'A' Service (Assistant Commissioner) - As per revised reservation policy, appointed as a Tehsildar - Karnataka State Public Service Commission (Commission) - HELD THAT:- In the order dated 15th March, 1994, this Court noticed that the Appellant had since been promoted to Class - I Post of Assistant Commissioner. As the Respondent was to be appointed in the said post with retrospective effect, a direction was issued to create a supernumerary post therefor as otherwise it was not necessary to issue any such direction. Furthermore, this Court directed that the Respondent should be placed below the last candidate appointed in 1976 meaning thereby the same post which she had been holding at the relevant point of time. She was held not to be entitled to any back wages therefor. The judgment of this Court dated 15th March, 1994 must be construed in the aforementioned backdrop. A judgment, as is well known, is not to be read as a statute. But, it is also well-known that the judgment must be construed as if it had been rendered in accordance with law. It may be true that in the Appellant's application for review, more or less similar pleas were raised, but rejected, but, herein the same is not an issue as we are concerned only with construction of this Court's order dated 15th March, 1994. Justice demands that a person should not be allowed to derive any undue advantage over other employees. The concept of justice is that one should get what is due to him or her in law. The concept of justice cannot be stretched so as to cause heart-burning to more meritorious candidates. Moreover, at the end of the day, the Respondent has got what could be given to her in law. As of now, she had already been enjoying a higher scale of pay than what she would have got if she was to join the post of Assistant Controller. We, therefore, are of the opinion that interest of justice would be sub-served if she is allowed to continue in her post and direct the Appellant to consider her seniority in the Administrative Service in terms of the order of this Court dated 15th March, 1994 that she would be the last in the seniority list of the appointees in the post of Category I Assistant Commissioner (Karnataka Administrative Service). The Appeal is allowed to the aforementioned extent.
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