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The terms of settlement were silent as to what was to happen on the failure of the judgment debtors to satisfy the decree in the manner agreed upon. Ratio |
In such a situation it was quite legitimate to assume that the parties intended that the decree holders would be entitled to realise the dues by execution of the original mortgage decree. Ratio |
Reading the terms of settlement in the context of the letter of the Solicitor of the Judgment debtors it is plain to us that the order dated 17th June, 1953 had not the effect of passing a new decree in substitution of the old one. Ratio |
It had merely the effect of giving facility to the judgment debtors for the satisfaction of the decretal dues. Ratio |
On their failure to do so they were liable to be proceeded with in execution of the original mortgage decree. Ratio |
For the reasons stated above, we hold that there is no substance in any of the points arising in this appeal. Ratio |
We accordingly dismiss this appeal with costs. RPC |
N.V.K. Appeal dismissed. RPC |
Civil Appeal Nos. FAC |
1745 1755 of 1975. FAC |
From the Judgment and Order dated 5 9 1975 of the Andhra Pradesh High Court in Writ Petition No. 1269/75 L. N. Sinha, Attorney General for India, E. C. Agarwala and Girish Chandra for the Appellants (In CA 1755/75). FAC |
P.P. Rao, M.S. Ganesh, A.K. Ganguli and T.V. section Narasimhachari for the Appellants in Ca 1754/75. FAC |
P. Govindan Nair, A. K. Sen, Bishambar Lal, Miss Munisha Gupta and Mrs. Baby Krishnan for RR 1 2 in CA 1754/75 and CA 1755/75. FAC |
The Judgment of the Court was delivered by KRISHNA IYER, J. FAC |
These two sister appeals have gained access to this Court by certificate under Article 133 and project a 'service dispute ' between the Army and civilian wings (both engineers) of the Survey of India. Ratio |
The constitutional missiles used, with success, in the encounter in the High Court by the 'civilians ' to shoot down the 'military men 's ' preferential claims under the relevant service rules, are Articles 14 and 16. FAC |
And here, in this Court, the Army Wing is fighting back to repulse the civilian wing by defusing the war head of these two fundamental rights. FAC |
Military imagery vivifies the litigative havoc when sectors of our public services go to battle against each other, though there is so much else to wage war against in the service of the people. FAC |
A narration of facts falling within a short compass will unfold the real issue, revolving round the salary, seniority and de facto promo 1039 tional disparity inter se, which has sparked off the forensic war. FAC |
The Union of India, one of the appellants, supports the stand of the military sector of the Survey Service, if we may so designate it. FAC |
A survey of the story of this conflict suggests the sombre thought that unending litigation, affecting the public services with inevitable impact on morale and efficiency, is becoming an epidemic in courts even among strategic cadres and sensitive sectors a matter almost for consternation which surely must kindle a sea... |
Does the experience of 30 years under the Constitution indicate that, save where fundamental constitutional issues arise, Whitley councils, Service Tribunals and other specialised adjudicatory agencies, with the imprimatur of finality, are a more pragmatic mechanism of Service Justice ? FAC |
The factual setting, sufficient to unravel the constitutional contention, may now be delineated. FAC |
Both the appeals against the judgment of the High Court of Andhra Pradesh cover the same subject matter, although one of them is by the Central Government and the other by the members of the Survey of India from among the Defence personnel, and both have been resisted on the same basis by the civilian recruits to the S... |
A common judgment will dispose of both the cases but we must begin from the very beginning to get a hang of the controversy. Ratio |
The genesis of the Survey of India, its life before birth, its genetic composition and hereditary characteristics, mould the structural engineering of the Service and, therefore, have a bearing on the issues debated before us both sides. Ratio |
While the High Court has, to some extent, slurred over the chronicle, both sides have heavily stressed before us the saga of the Survey of India, each to lend strength to its point of view. Ratio |
So, a peep into the bicentennial biography of the Survey of India is a necessary exercise as a starting point. Ratio |
To blink at history is to lose the living link with the Past and to stumble in the Present. Ratio |
Yet strangely, none such, i.e. history of the Service to serve as a lucid background is given in their statement by either party, save incidentally. Ratio |
Unfortunately, the fine and fruitful art of presenting a luscent written brief is still in the long Indian Year of the Infant and we have to cull out and piece together materials which should have been set out as a scenario of meaningful development. Ratio |
If the High Court has gone wrong the blame must fall in part on the Central Government which could and should have projected the story of the Survey of India, its functional complexion and recruitment rationale 1040 instead of leaving judges to run around the corridors of padded paper books or launch on speculative sur... |
The other parties fare no better, though. Ratio |
And instalments of additional information during the progress of the hearing has had to make do for a comprehensive unfoldment. Ratio |
Better late than never ! The story of the Survey of India has been narrated in its brief autobiography, 'Our Department ', produced on the eve of its bicentennial in 1967. Ratio |
This department was born during the days of Lord Clive under happy Army stars, had a military upbringing and, in its brilliant career, achieved lustorous exploits. Ratio |
Starting from an accident of history the request of a historian, Robert Orme, to an East India Company administrator, Lord Clive, for a map of Bengal the Survey of India sprang to life in embryonic form when Major Rennel was appointed to execute this survey and, thereafter, was cradled by the Army but spread out to bec... |
In war and in peace, in building the nation and defending its security, in 'civilian ' ventures and military operations the Survey of India has become a National Service in the role of adviser on survey data and kindred adventures. Ratio |
Indeed, almost all ministries of the Central Government and many States have used the services of the Survey of India during the several Five Year Plans. Ratio |
Look before you leap ' becomes in development terms, survey before you start, and so it is that in 1967 this great department of strategic importance is able to write its story and conclude: "25. Ratio |
In short, in its ever increasing sphere of vast, diverse and widely scattered work, Survey of India has built up a unique reputation both within the country and outside as a sound, distinguished, and great Survey Organisation of the world, progressively marching forward. Ratio |
expanding, adapting and modernising itself and continuing its contributions to science, security and development. Ratio |
The personnel of Survey of India can legitimately take pride in the fact that they belong to this ancient and great organisation, to whom a noble, rich and priceless heritage has been bequeathed inspiring and beckoning them to greater heights of achievement, honour and glory. Ratio |
" When the history of Free India comes to be written the proud contribution of the Survey of India may be printed in bold and bright 1041 characters because almost every Department of governmental activity with welfare potential has the imprint of the Survey of India at some stage or the other, as disclosed in the vari... |
The flattering fact that the tallest peak in the World, Mount Everest, was named after the eminent Surveyor General Sir George Everest shows that even in the geological discovery of India, this Department has had a hand. Ratio |
The different dimensions and directions in which the Survey of India has served the nation and science as a whole are perhaps a fall out of its adventurous alliance with military activity. Ratio |
During British days, it was not an accident that the Survey of India was under the Army. Ratio |
It was an inalienable companion of conquest and consolidation of defence and development a versatile genius which was put to greater good in the era of Freedom and After. Ratio |
It is perhaps not so well known that the work of the Survey of India has special significance in matters of country 's defence. Ratio |
The Survey of India has to organise surveys and work well ahead to provide maps at the right time and of the right places where campaigns might be fought in war. Ratio |
The Chinese threat along the northern borders of the country since 1959 necessitated diverting immediately a very large potential of the Department to carry out the work of special topographical surveys for defence purposes in one of the most inhospitable and rugged terrains of the world an assignment which cost the De... |
The bulk of military survey and mapping requirements are met by Survey of India. Ratio |
Though the military survey service exists, it is small and has insufficient personnel, who carry out limited technical work and such staff duties as army requires in peace time. Ratio |
There have, thus, been many occasions for the Survey of India to be commended for its work for defence and development in war and peace, and for providing the basic knowledge of the land for all its users. Ratio |
" 1042 The Surveyor General, for reasons of functional importance, is also the Director of Military Survey. Ratio |
Topographical Mapping states: "When corrections and additions to maps of military importance are suggested by the Director, Military Survey, they should, as a general rule, be accepted by the Survey of India. Ratio |
" It is necessary to notice the role of the Survey Department under the Director of Military Survey who is also the Surveyor General thus bringing out the interlacing of activity. Ratio |
Obviously, there is not merely sensitivity and confidentiality but also a high degree of skill which cannot be relaxed and an instant sense of discipline, which cannot be liberalised, in view of the fact that military operations of national significance depend, in part, on the Survey of India and its service. Ratio |
While it is fair to emphasise that considerable peace time developmental work is rendered by this Department, its adventurous spirit of climbing mountains, penetrating wilderness and entering into forbidden regions cannot be minimised. Ratio |
Col. Sandes writing on 'The Military Engineer in India ' states: "History has shown that there is something in the training which the Survey of India, imparts to its officers which makes them peculiarly valuable in war. Ratio |
Their work develops not only self reliance and initiative, but a sense of responsibility. Ratio |
Everything centres on the example set by the leader of an isolated party. Ratio |
As a rule, he is the only European in the small country. Ratio |
He must have powers of organisation and observation: courage, determination and endurance. Ratio |
In the ordinary course, he must be precise to the point of pedantry, never satisfied with unchecked work and abhorring the smallest error; yet at other times he must fling theory and practice to the winds to improvise means of rapid reconnaissance when danger threatens. Ratio |
" The Military history which has moulded the character of this Department has relevance and so we quote again Lt. Col. Sandes: "As the war spread, the survey officers from India were scattered over the face of the earth; some on military duty with engineer units other flash spotting, sound ranging and triangulating in ... |
They worked in Salonika, North and South Russia, Italy Gallipoli, East Africa, Mesopotamia, Egypt, Syria, Persia, 1043 and on the shores of the Caspian. Ratio |
One commanded a brigade in North Russia, another led a Persian army. Ratio |
Ten officers of the Survey of India were killed in Action, or died on service, during the Great War, and thirteen were wounded. Ratio |
Many casualties occurred in the lower ranks. Ratio |
Such were the contributions of the Department towards victory in the greatest struggle of all time. Ratio |
They form a fitting climax to its record in the frontier wars of India. Ratio |
" If we may sketch a few lines to indicate the trait of the Corps of Indian Engineers with a view to illumine the points canvassed before us, we have to refer to the book by Major Verma and Major Anand. Ratio |
The authors state: "Before the war, Military Survey as such did not exist; though for generations past, Survey of India had provided detachments for practically every military campaign or expedition. Ratio |
But these parties were considered to be civilian, including their military officers in command, and they were only attached to the Army for supplies and transport. Ratio |
Even in the First World War (1914 18), Survey of India detachments went out and worked in Macedonia, Mesopotamia and Persia. Ratio |
But at no time before 1940 did India have any military units like the Field Survey Companies or Battalions. Ratio |
Between the wars, survey and mapping for the Army was done by the Survey of India, which except for the Artillery Survey Section, Royal Artillery, was the sole military survey agency. Ratio |
It had a semi military tradition, the Surveyor General held the rank of a Brigadier and his principal officers were Royal Engineers with specialist survey qualifications. Ratio |
There was no survey representation at GHQ." Again "For the Department, the military responsibilities in 1938 39 were: (a) Liaison with the Armed Forces on survey and mapping. Ratio |
(b) Provision of maps required by the Defence Services, covering India, Burma, Afghanistan and Iran. Ratio |
1044 (c) In the event of a war, to provide and equip firstly two Fd Survey Companies and two Survey HQs for service in the NWFP, and secondly one Survey Report (admn.) (d) To carry out annually a small amount of training in military survey. Ratio |
" In many Circles, Directors of the Survey of India have been Office Advisers to the 'Commander in Chief" and the work done by this Department has had in many cases military meaning. Ratio |
This was reflected in the past in the officer situation and personnel complexion. Ratio |
Class I Officers were all military men while Class II men were civilian graduates. Ratio |
Wheeler, writing of the officer situation in British India, summed up thus: "Perhaps the greatest single factor affecting military organisation was that whereas there were nearly 60 military officers in 1925, there were only 30 in 1939; to train a civilian to be sound and efficient soldier takes a considerable time, to... |
We have pressed this part of the career of the Survey of India to knock out the impression that its military component is purely a concession to the historical staffing pattern and the lack of avenues for promotion to Army engineers. Ratio |
It is an in built necessity of the department in national interest. Ratio |
We agree with counsel for the respondents, Sri Govindan Nair, that the early history of the Survey of India as a child of the Army cannot become an obsession to distort or debunk the enormity of its purely developmental undertakings. Ratio |
It is a Civil Service which serves in national reconstruction all the time, but, at the call of the country, is ready to switch to Defence, risk anywhere and do surveys as commanded. Ratio |
We must set our sights right about the civil and military range of the versatile department and not swallow the brash version that it is all 'brass '. Ratio |
Its bearing on the conclusions in the case is that the court should not blindly accept all the preferences to the Army recruits as against their civilian brethren under the impression that everything in the Survey of India is Defence operation and civilian must therefore accept the crumbs as shudras of the Service. Rat... |
No! Most of its work is peace time activity of a fundamental, though invi 1045 sible character to promote development in its multitude and magnitude and, indeed, in its panoramic magnificence. Ratio |
But we cannot get away from the historic fact not merely the fact of history that the Survey of India is, first and foremost, an instrument of military strategy for the defence of the country although its talents are not allowed to grow into thistles but to serve wherever needed. Ratio |
If competing demands come, it opts for and is therefore geared to Defence goals. Ratio |
That is its first charge and, in that sense, it is Defence oriented, has an Army bias and cannot afford to ignore the indispensability of a military component. Ratio |
The history of a nation is never written by the military but its history ceases to be, if its reserves of military manpower cannot be mobilised for active duty at an instant 's notice. Ratio |
The Survey of India, with its signal service to the planned progress of the people, has a tryst with national security and an everyday commitment to the country 's defence requirements. Ratio |
This may look over drawn but embeds a core of truth cardinal to the issue in the case why weightage to the 'uniformed ' recruits as against their counterparts in 'mufti '? Let us thus place accent on what is essential but not miss what exists as a reality. Ratio |
From this angle, a legal raconteur may re tell the story slightly differently. Ratio |
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