I.C.A.R.
& Ors. Vs. Asit Baran Chaudhuri & Anr. [2007] Insc 273 (13 March 2007)
Dr.AR.LAKSHMANAN & ALTAMAS KABIR
(Arising out of SLP(C) No.20040-20041/2005) Dr.AR.LAKSHMANAN,
J.
Leave granted.
Heard Ms.Indu Malhotra, learned counsel for the appellants and Mr.Jaideep
Gupta, learned senior counsel for the respondents.
We have perused the order impugned in this appeal.
The High Court while allowing the Writ Petition filed by the respondent
herein directed the appellant-authorities to consider the claim of the
respondent for benefit of Agricultural Research Service in scientist `S' Grade
with effect from the date he became entitled. The High Court has also further
observed that while considering aforesaid, the Authority concerned will also
consider the cases of the employees junior to the respondent herein as
mentioned in paragraph 37 of the Writ Petition. For the said purpose, the
respondent herein was granted liberty to make a representation before
appropriate Authority along with a copy of the order of the High Court and in
such cases, the said Authority will decide the matter
within two months from submission of the representation. It is pertinent to
notice that no one appeared on behalf of the appellant-Authorities before the
High Court. The High Court considered the matter in the absence of any argument
being advanced on behalf of the appellants. Subsequently, a Review Petition was
filed by the appellant herein which was also dismissed
by the High Court. Aggrieved by the above two orders, the above Civil Appeal
has been filed.
It is now stated by the learned senior counsel for the respondent herein
that pursuant to the direction given by the High Court, the respondent has
already made a representation on 16.12.2004 to the Secretary, Department of
Agricultural Research and Education, Ministry of Agriculture-Cum-The Director
General, Indian Council of Agricultural Research, Krishi Bhavan, New
Delhi and other authorities. Now that the
representation was made pursuant to the directions given by the High Court, we
direct the appellants herein to dispose of the representation within two weeks
from today in accordance with the statutory rules and communicate the said
order to the respondent herein immediately after the disposal of the said
representation.
While disposing of the Writ Petition, the High Court has also directed the
concerned authorities to consider the cases of the employees junior to the
respondent herein as mentioned in paragraph 37 of the Writ Petition. The said
direction, in our opinion, is not justified and uncalled for. We, therefore,
set aside that direction and direct the appellant-authorities to consider the
representation made by the respondent herein alone in accordance with law and
as indicated above.
The appeal stands disposed of accordingly.
No costs.
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