Gopal Krishan Pvt. Ltd. Vs. State of Punjab  INSC 156 (26
Reddy, B.P. (J) Jeevan Reddy, B.P. (J) Venkatachalliah, M.N.(Cj) Ahmadi, A.M.
1994 AIR 2291 1994 SCC Supl. (2) 59 JT 1994 (3) 239 1994 SCALE (2)547
Heard on merits.
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:
petition is misconceived. Dismissed."
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.
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.