Full Judgment Text
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PETITIONER:
DEVIDASS GOPAL KRISHAN PVT. LTD.
Vs.
RESPONDENT:
STATE OF PUNJAB
DATE OF JUDGMENT26/03/1993
BENCH:
JEEVAN REDDY, B.P. (J)
BENCH:
JEEVAN REDDY, B.P. (J)
VENKATACHALLIAH, M.N.(CJ)
AHMADI, A.M. (J)
CITATION:
1994 AIR 2291 1994 SCC Supl. (2) 59
JT 1994 (3) 239 1994 SCALE (2)547
ACT:
HEADNOTE:
JUDGMENT:
ORDER
1. Leave granted.
2. Heard on merits.
3. The appellants are drivers serving in Delhi Fire
Service. Their grievance is that there is no avenue for
their promotion. The writ petition filed by the appellants
in the Delhi High Court has been dismissed only by stating
as under:
"The petition is misconceived. Dismissed."
4.In a matter of this kind, the grievance of the writ
petitioners has to be examined on the basis of their service
conditions and the principles indicated in the decisions of
this Court relating to the policy for promotion and possible
avenues for their promotion or in the alternative, at least
some additional allowance after the lapse of a prescribed
period of time. For this purpose it is necessary for the
respondents to place the relevant materials before the
Court. In view of the fact that the respondents were not
even given notice of the writ petition by the High Court,
that occasion did not arise. We also do not have the
benefit of knowing the reasons, if any, of the High Court
for treating the petition as misconceived, since neither the
submissions made in support of the petition nor the reasons
of the High Court for its conclusion have been stated in the
impugned order. It is, therefore, appropriate that the
matter goes back to the High Court for a fresh decision of
the writ petition in accordance with law, dealing with the
contentions of the appellants (writ petitioners) and giving
reasons for the conclusion reached.
5.The appeal is allowed, accordingly. The impugned order
of the High Court dismissing the writ petition, in limine,
is set aside. The High Court should proceed to hear and
decide the writ petition afresh in accordance with law. No
costs.
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t Arising out of SLP (C) No. 9462 of 1991
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