Full Judgment Text
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PETITIONER:
STATE OF MAHARASHTRA & ANR.
Vs.
RESPONDENT:
DR. S.S. SRIVASTAVA & ANR.
DATE OF JUDGMENT: 10/02/1997
BENCH:
K. RAMASWAMY, G.T. NANAVATI
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
We have heard the learned counsel for the appellants
and the respondent-in-person.
This appeal by special leave arises from the order
passed by the Tribunal in Contempt Petition No. 35/1996 in
pending O.A. No. 1156/94. The Tribunal had issued interim
directions that "(I)n the circumstances, we hereby direct
the respondents as an interim measure to consider the
applicant to the Senior Scale and Junior Administrative
Grade according to the Rules within a period of two months
from the date of receipt of the order. Accordingly, M.P.
11/96 is disposed of in the light of the above. The
Respondents are directed to file their reply to the amended
C.A. by 14.3.1996. The matter be kept before the Registrar
at Nagpur on 14.3.1996." It is stated by the appellants that
they have considered the case on June 7, 1996 and found him
not fit to the said Senior Time Scale. Thereafter, the
respondent filed contempt petition in the Tribunal and the
Tribunal has passed the impugned order relevant part of
which is as under:
"...the State Government should
also consider the fitness of the
applicant for being promoted to the
Junior Administrative Grade from an
appropriate date strictly as per
rules within two months from the
date of the communication of this
order. We make it clear that we are
passing this order as an interim
measure and the applicant will be
entitled for arrears, though the
applicant would be entitled for
national fixation of pay on
promotion to Senior Time Scale from
1.4.93."
Thus, this appeal by special leave.
Though the learned counsel for the appellants as well
as respondent-in-person seek to raise contentions on merits,
we think that this is not an appropriate stage for us to go
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into the merits in the matter. In view of the stand taken by
the appellants that the case of the respondent was
considered by the Government and found that he was not
eligible for grant of Senior Time Scale, as directed by the
Tribunal, the appropriate course should be that the Tribunal
may decide matter on merits and then deal with it according
to law. Instead, unfortunately, the Tribunal has exceeded
its power in giving the directions, even before the matter
was considered on merits. Under these circumstances, the
order of the Tribunal stands set aside. The Tribunal is
directed to decide the matter on merits and dispose of the
main O.A. within a period of two months from the date of the
receipt of the order.
The appeal is accordingly allowed.