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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