31 July 2008
Supreme Court
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DIR. GENERAL DOORDARSHAN Vs K. RAMAN

Bench: TARUN CHATTERJEE,AFTAB ALAM, , ,
Case number: C.A. No.-004741-004741 / 2008
Diary number: 4951 / 2007
Advocates: RAJEEV SHARMA Vs V. BALACHANDRAN


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      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

K. RAMAN                                     ....RESPONDENT(S)

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

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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.