TMI Blog2014 (12) TMI 1287X X X X Extracts X X X X X X X X Extracts X X X X ..... onclusion, when the judgment delivered by this Court above was sought to be implemented by issuance of an order dated 12th June, 1998 and the High Court had committed a grave error by setting aside the said order dated 12th June, 1998. If the view taken by the High Court is accepted, in our opinion, there would be total chaos in this country because in that case there would be no finality to any order passed by this Court. When a higher court has rendered a particular decision, the said decision must be followed by a subordinate or lower court unless it is distinguished or overruled or set aside. The High Court had considered several provisions which, in its opinion, had not been considered or argued before this Court when [1998 (1) TMI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ision with regard to giving benefit of reservation of any kind to the employees of the society in the matter of their promotion. The said issue had arisen initially for the reason that even in the matter of promotion, the policy with regard to reservation had been followed by the society and some promotions were given on the basis of reservation policy and the said policy was challenged by way of a writ petition in the High Court of Andhra Pradesh and ultimately in the said proceedings, this Court had finally come to a conclusion in Civil Appeal No.4343 of 1998 that in the matter of promotion, policy of reservation was not to be followed and as a consequence thereof, the persons who had been wrongly promoted on the basis of reservation poli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issue which had already been decided by this Court. Once this Court had decided in C.A. No.4343 of 1988 that the employees of the Society were not entitled to promotion on the basis of any reservation policy, the High Court could not have come to a different conclusion, when the judgment delivered by this Court in C.A. No.4343 of 1988 was sought to be implemented by issuance of an order dated 12th June, 1998 and the High Court had committed a grave error by setting aside the said order dated 12th June, 1998. 9. The learned counsel had further submitted that once this Court decides an issue by taking a particular decision, it cannot be said that the judgment delivered by this Court is per incuriam or this Court had not considered all rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A. No.4343 of 1988, especially when the rules governing the promotion policy had not been amended after the aforestated judgment was delivered by this Court. 13. It is pertinent to note that a review application had been filed in the aforestated C.A. No.4343 of 1988 and the same had been rejected and therefore, the judgment delivered by this Court in C.A. No.4343 of 1988 had become final. 14. Once in pursuance of a judgment delivered by this Court orders had been issued by the Society to its employees who had been wrongly promoted, the High Court could not have held that the orders were not valid because there were certain other factors which had made the promotions given to the concerned employees valid. 15. In our opinion, the Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the arguments advanced by the learned counsel appearing for the respondents before the High Court for the simple reason that it was not open to them to advance any argument which would run contrary to the judgment delivered by this Court in C.A. No.4343 of 1988. In our opinion, the High Court did something which would be like setting aside a decree in the execution proceedings ! 19. For the reasons stated hereinabove, we are of the view that the learned Single Judge as well as the Division Bench of the High Court committed a serious error in law by not following the judgment delivered by this Court and by quashing and setting aside the order dated 12th June, 1998, which had been issued to the concerned employees so as to give effect t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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