Director General Doordarshan & Ors. Vs. K. Raman [2008] INSC 1264 (31 July 2008)

Judgment

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

O R D E R

Leave granted.

This appeal has been filed against an interim order dated 7th 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 respondent from 1st 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 High Court on merits by 31st 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.

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