State
of M. P. & Ors Vs. Bharat Singh Bhati & Ors [2008] INSC 555 (1 April 2008)
TARUN CHATTERJEE & HARJIT SINGH BEDI 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.
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