PRADEEP KUMAR MASKARA & Ors. v. STATE OF WEST BENGAL & Ors.

with the decision given by the Calcutta High Court In the writ petition filed by the appellants. The tribunal further committed grave error in following the decision in Gangadhar Singh's case treating it to be a Division Bench judgment of Calcutta High Court when as a C matter of fact the decision in Gangadhar Singh's case was decided by a Single Judge of the High Court. Even the judgment passed in the appellant's writ petition filed In 1984 was neither considered nor distinguished. In the back ground of these facts, when the judgment rendered D by the High Court in the case of the appellants and the said decision having not been quashed or set aside by a larger bench of the High Court or by this Court, the tribunal ought not to have refused to follow the order of the High Court. [Paras 25, 26][552·E·H; 553-A] E

#2. It is well settled that even if the decision on a ·question of law has been reversed or modified by subsequent decision of a superior court in any other case it shall not be a ground for review of such judgment F merely because a subsequent judgment of the single judge has taken contrary view. That does not confer jurisdiction upon the tribunal to Ignore the judgment and direction of the High Court given In the case of the appellants, The tribunal is directed to follow the decision G of High Court decided in the case of the appellants. [Paras 27, 29)(553·8-C; E] Ganga Dhar Singh & Ors. v. State of West Bengal and Ors. 1997 (II) CHN 140; Ganga Dhar Singh H 542 SUPREME COURT REPORTS [2014] 13 S.C.R. A B c D