IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION

CIVIIL APPEAL NO. 5325   OF 2008                  (Arising out of SLP(C)No.2760 OF 2006)

STATE OF JAMMU & KASHMIR AND ORS. ... APPELLANT(S)

:VERSUS:

SANJEEV KHAJURIA AND ORS. ... RESPONDENT(S)

O R D E R

Leave granted.

By reason of its judgment and order dated 22.12.2003, a learned Single

Judge of the High Court of Jammu & Kashmir passed the following order:

“In  view  of  the  detailed  discussion,  this  writ  petition  is allowed.  Respondents/State  is  directed  to  appoint  the  petitioner against  the higher post  of  Inspector  in Police Department on the analogy of respondents 5 and 7 or revert the said respondents to a lower post of Sub Inspector within a period of three months.”  

Both the State as also the private respondents preferred separate intra

Court appeals thereagainst.   

Where  the  appeal  preferred  by  the  private  respondents  was  not  only

entertained by the High Court but also an order of stay was granted therein; the

appeal preferred by the State has been dismissed summarily by a Division Bench of

the said Court by reason of the impugned order.  

-2-

In view of the aforementioned anomalous position, we are of the opinion

that interest of justice would be subserved if  this appeal is disposed of with the

following directions:

(1)  The impugned judgment dated 12.9.2005 is set aside;

(2) The matter is remitted to the High Court for disposal of the LPA (S)

No.104/2005 along with  LPA(SW) No. 30/2004 on merit;

(3) As the matter is pending for a long time, we would request the High

Court to consider the desirability  of  disposing it  of  as expeditiously  as possible,

preferably within a period of three months from the date of communication of this

order.

The appeal is disposed of accordingly.

..........................J (S.B. SINHA)

..........................J   (CYRIAC JOSEPH)    NEW DELHI, AUGUST 25, 2008.