LAWS(MPH)-2002-4-96

ISHHRAT NAAZ Vs. STATE OF M P

Decided On April 19, 2002
Ishhrat Naaz Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) BY this writ petition preferred under Article 227 of the Constitution of India, The petitioner has assailed the order dated 17.7.2000 passed in O.A. No. 431/2000 as well as the order dated 22.11.2000 passed in M.A. No. 180/2000.

(2.) MR . D.K. Katare, learned counsel, for the petitioner has submitted that the Tribunal has dismissed the O.A. without hearing the Counsel for the petitioner and did not set aside the ex -parte order on the ground that the Tribunal had adverted to every aspect which was raised in the petition and this manner of disposal has substantially affected the petitioner inasmuch as the Counsel for the petitioner could have highlighted various intricate questions that were involved in the case and possibly brought forth the nuances which could have metamorphosed the fate of the case.

(3.) HAVING heard Mr. D.K. Katare. learned Counsel for the petitioner we are convinced that certain other aspect were required to be highlighted by the petitioner namely; the benefits conferred on other employees who were similarly placed with the petitioner; that the appointment of the petitioner was in a different spectrum and she could have claimed the benefit from the date of the appointment; and that the fixation of pay scale of the petitioner was not in accordance with the Rules in vogue. As these aspects have not been dealt in detail and the petitioner's Counsel was not heard in the matter, we are inclined to grant one more opportunity to the petitioner. Accordingly, we set aside the orders dated 17.7.2000 and 12.11.2000 and remit the matter to the Tribunal at Gwalior Bench. As the matter has been lingering for some time and the petitioner is approaching his age of superannuation, it is directed that the Tribunal would do well to dispose of the case as expeditiously as possible preferably within a period of two months from the date of receipt of the order passed today. It will be open to the petitioner to produce a copy of the order passed by us before the Registrar of the Tribunal so that he would take prompt steps to list this before approriate Bench of the Tribunal. The Writ Petition is accordingly disposed of. C. C. as per rules.