Difficulty in implementation of an order passed by Court is no answer for its non- implementation.
It is manifest that in direction No. (ii), the learned Single Judge had clearly directed that the writ petitioners would be entitled `to be posted to a post in equivalent scale held by them when the letter dated 23rd April, 2003 was issued.' The respondent - Indian Airlines was obliged to obey and implement the said direction. If they had any doubt or if the order was not clear; it was always open to them to approach the court for clarification of the said order. Without challenging the said direction or seeking clarification, Indian Airlines could not circumvent the same on any ground whatsoever. Difficulty in implementation of an order passed by the Court, howsoever, grave its effect may be, is no answer for its non- implementation. In our opinion, in the miscellaneous application, no fresh relief, on the basis of a new cause of action, had been sought.
Supreme Court of India
K.A. Ansari & Anr. vs Indian Airlines Ltd. on 28 November, 2008
