Full Judgment Text
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PETITIONER:
STATE OF M.P. & ORS.
Vs.
RESPONDENT:
SADASHIV ZAMINDAR
DATE OF JUDGMENT: 18/04/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
1996 SCC (4) 558 JT 1996 (5) 111
1996 SCALE (4)465
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Delay condoned.
Leave granted.
We have heard learned counsel on both sides.
This appeal by special leave arises from the order
dated May 7, 1993 of the Administrative Tribunal of Madhya
Pradesh made in M.A.No. 7/92. The admitted position is that
while the respondent was working as Upper Division Teacher,
he claimed the status as a Lecturer. That request came to be
recognized by proceedings dated March 3, 1962 but was
decided therein that he was not entitled to the salary on
the principle of " no work, no pay". After his retirement in
1983, after a considerable delay, the respondent had filed a
writ petition in the High Court claiming all the arrears for
the period from 1962 to the date of the order of notional
promotion, viz., January 21,1983. The writ petition was
transferred to the Administrative Tribunal after its re-
constitution. Initially, the Tribunal had dismissed the writ
petition by order dated December 27, 1991 on the ground that
the claim was belated. Subsequently, the above review
petition came to be filed which was allowed on merits. Thus
this appeal by special leave.
In view of the fact that the claim was not adjudicated
on merits in the first instance, it would appear that if the
Tribunal found that the earlier order was not correct, then
it would have gone into the merits by giving opportunity to
the State on the questions whether the respondent was
entitled to the arrears, as directed by it on consideration,
whether he had discharged the same duties and whether other
cases also would be applicable to the respondent. Since
these questions were not addressed after hearing the appeal
and in proper perspective, we think that the Tribunal has to
go in the matter afresh. We do not propose to go into the
matter nor express any opinion on merits.
The appeal is accordingly allowed. The order of the
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Tribunal stands set aside. The Tribunal is directed to
dispose of the matter on merits within six months from the
date of receipt of this order. No costs.