STATE OF KERALA Vs. DEENA R.

JUDGEMENT

(1.) This original petition filed by the State reflects that a final order has been passed by the Tribunal without adjudicating the entitlement of the applicants therein and rather following its own interim order. This practice, according to us, is improper inasmuch as, in the final order, the Tribunal is bound to adjudicate the rights and entitlements of the applicants before it.

(2.) The facts involved in this case are as follows; the applicants before the Tribunal, who are the respondents herein, were engaged on a temporary basis for 179 days on a scale of pay. Apprehending their termination, they approached the Tribunal with a prayer that they shall be permitted to continue till the PSC hands are joined. An interim order was passed by the Tribunal permitting them to continue. Thereafter, the Government passed an order in compliance with the interim order permitting them to continue on daily wages. That order was never questioned in the application; instead, an interim application was filed for releasing the salary at the scale of pay.

(3.) As we noted earlier, the Tribunal, if finally disposing of the matter, ought to have gone into the issue in threadbare detail and decided whether the applicants were entitled to a scale of pay or not. Without adjudicating on the veracity of the order passed by the Government permitting the applicants to continue on daily wages, the Tribunal could not have decided that the applicants were entitled to a scale of pay. If the interim order was not complied with, that itself shall not result in passing final orders in terms of interim orders, especially when the State objected to such interim order by filing an application to vacate that interim order.