Full Judgment Text
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CASE NO.:
Appeal (civil) 2351 of 2008
PETITIONER:
STATE OF M. P. & ORS
RESPONDENT:
BHARAT SINGH BHATI & ORS
DATE OF JUDGMENT: 01/04/2008
BENCH:
TARUN CHATTERJEE & HARJIT SINGH BEDI
JUDGMENT:
JUDGMENT
O R D E R
NON-REPORTABLE
CIVIL APPEAL NO 2351 OF 2008
[Arising out of SLP (C) 11968 of 2007]
1. Leave granted.
2. In our view, this appeal can be disposed of on a very short
point. The respondents, Bharat Singh Bhati & Ors. filed a writ
application before the High Court of Madhya Pradesh at Indore
claiming relief that a minimum of pay-scale from the respective dates
of their initial appointment be paid to them as had been paid to other
similarly situated persons and for other incidental reliefs.
3. This writ petition was disposed of by directing payment of
the minimum pay-scale from the respective dates of their initial
appointment. From the order of the High Court, it would be evident
that the High Court had noted that return to the writ petition was filed
by the State of Madhya Pradesh, appellant herein, although,
admittedly, no such return was filed.
4. An application for review of the order of the High Court
allowing the writ petition of the respondents was filed, which was also
rejected. A writ appeal against the original order of the learned Single
Judge of the High Court allowing the writ application was also filed.
The said appeal was also dismissed by a Division Bench of the High
Court of Madhya Pradesh holding that in view of the rejection of the
Review Application, the writ appeal could not be entertained.
5. Feeling aggrieved by the aforesaid orders of the learned
Single Judge as well as of the Division Bench of the High Court, this
Special Leave Petition has been filed, which was heard on grant of
leave in presence of the learned counsel for the parties.
6. Having heard the learned counsel for the parties and
considering the fact that return was in fact not filed by the appellants,
we are of the view that the High Court was not justified in allowing
the writ application without affording any opportunity of filing return
to the writ application filed by the respondents. In that view of the
matter, we set aside all the orders passed by the learned Single Judge
in the writ petition as well as in the Review Application and also the
order passed in the writ appeal. The appellants shall file their return
to the petition within six weeks from the date of supply of a copy of
this order to the High Court and the High Court, thereafter, shall
dispose of the writ application after giving hearing to the parties
within a period of three months from the date of filing the return to the
writ application by passing a reasoned and speaking order in
accordance with law.
7. Accordingly, the appeal is allowed to the extent indicated
above. There will be no order as to costs.