Full Judgment Text
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.4741 OF 2008
(Arising out of SLP(C)No.6321 of 2007)
DIR. GENERAL DOORDARSHAN & ORS. .....APPELLANT(S)
VERSUS
K. RAMAN ....RESPONDENT(S)
O R D E R
Leave granted.
th
This appeal has been filed against an interim order dated 7 August, 2006 passed by the
High Court of Judicature of Madras in WPMP No.4220 of 2006 arising out of WP No.3967 of
2006.
An application was filed by the respondent before the Central Administrative Tribunal for
a direction that the respondent should be paid pay scale of Rs.5500-9000. The Tribunal by its
order disposed of the application in the following manner :-
“We feel that this O.A. can be disposed of with a direction to the
applicant to represent to the respondents with a request to them to
consider his case to grant the revised pay scale with effect from 2003
which cannot be treated as a precedent. It will be open to the
respondents to consider the request of the applicant in consultation
with the nodal Ministries as a special case as expeditiously as possible,
at any rate within a period of six months from the date of submission of
representation by the applicant.”
Feeling aggrieved by the said order, the respondent moved the High Court by way of a
Writ Petition praying for directing the appellant to grant the pay scale of Rs.5500-9000 to the
respondent from December, 2002 without prejudicing his case in the main Writ Petition and
pending disposal of the main Writ Petition. The High Court, by the impugned order, without
going into the question whether the respondent was entitled to the pay scale of Rs.5500-9000, has
2
given an interim direction to the appellant to grant the pay scale of Rs.5500-9000 to the
st
respondent from 1 January, 2003.
After hearing learned counsel for the parties and after going through the impugned order,
we are of the view that the High Court was not justified in passing an interim direction in view of
the nature of relief claimed by the respondent in the Writ Petition. Accordingly, the impugned
order is set aside. Since the Writ Petition is ready for hearing, let the same be decided by the
st
High Court on merits by 31 December, 2008 positively without granting any unnecessary
adjournment to either of the parties. The appeal is disposed of accordingly. There shall be no
order as to costs.
.............................J.
( TARUN CHATTERJEE )
.............................J.
( AFTAB ALAM )
NEW DELHI;
JULY 31, 2008.