Islam Mondal &
Ors. Vs. State of West Bengal & Ors.  INSC 933 (4 May 2009)
JURISDICTION CIVIL APPEAL NO.3470 OF 2009 (arising out of SPECIAL LEAVE
PETITION (C) NO.1125 OF 2008) ISLAM MONDAL & ORS. ....APPELLANTS VERSUS
ORDER Delay condoned.
The matter was heard
by us on the interlocutory application seeking interim direction by the State
of West Bengal, respondent and also on merits of the appeal.
So far as appeal is
concerned, we find that the order impugned in this appeal is non-descriptive
and passed without application of mind. The impugned order is, therefore, set
aside and the writ petition is resotred to its original number, which was moved
by the petitioners against the order of the Administrative Tribunal passed in
an original application being OA-4130/1998. High Court is requested to dispose
of the writ petition afresh at an early date without granting unnecessary
adjournment to either of the parties.
So far as interim
application being I.A. No.2 of 2009 is concerned, after hearing learned counsel
for the parties, we are of the view that without going into the merits and
without affecting the rights of the appellants, it would be open for the State
of West Bengal to fill up 61 posts keeping six posts vacant till the disposal
of the aforesaid writ petition by the High Court.
application and the appeal is accordingly disposed of with no order as to