Observation of Ramchadra Nair - SVRS Notional credit case

The long awaited Division Bench decision of Madurai HC is out on 17th inst. But surprisingly, and shockingly too, the DB has treated the whole Writ appeals as a fresh case, with only a fleeting comment about the Supreme Court judgement of 7/1/2015 on the very same subject where in the notional credit of five years was allowed to SVRS employees. The writ appeals were intended only to get the SC judgement implemented but instead the very pivotal judgement is formally refered  (Para 29, page 34) as one of the citations only to arrive at the conclusion that What ever has been observed in a judgement does not amount to ratio? In effect the judgement of SC on 7/1/2015 was merely treated as one among the many citations in the judgement. 

The  appreciation of the Division Bench for the magnanimity shown by Sri. AL Somayaji, learned senior counsel for the appellants (i.e. Companies) for not raising any objection that those seeking SVRS-2004 are not entitled for pension" is totally and blatantly misplaced. Do they mean to say that had he objected to granting pension, the Court would  have allowed it?(Ref. para 25).

As far as my understanding goes, the judgment of SC dt. 7/01/2015 attained finality after the Review petition filed by appellants was  dismissed and the respondents neither filing review nor appeal before a larger bench. This being so, was there any necessity  to file a fresh Writ before the HC? Could they not have moved Supreme court itself with a contempt case ? can any one not think of moving the SC on similar lines even now?

These are the few observations which came to my mind while having a cursory look at the Madurai HC judgement. Pl go through the attached judgement and if some one can enlighten us more on the subject, it would be of great service to all affected employees.

with thanx & regards


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