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PETITIONER: STATE OF M.P. & ORS.

       Vs.

RESPONDENT: SADASHIV ZAMINDAR

DATE OF JUDGMENT:       18/04/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J)

CITATION:  1996 SCC  (4) 558        JT 1996 (5)   111  1996 SCALE  (4)465

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Delay condoned.      Leave granted.      We have heard learned counsel on both sides.      This appeal  by special  leave arises  from  the  order dated May  7, 1993  of the Administrative Tribunal of Madhya Pradesh made  in M.A.No. 7/92. The admitted position is that while the  respondent was working as Upper Division Teacher, he claimed the status as a Lecturer. That request came to be recognized by  proceedings  dated  March  3,  1962  but  was decided therein  that he  was not  entitled to the salary on the principle of " no work, no pay". After his retirement in 1983, after a considerable delay, the respondent had filed a writ petition in the High Court claiming all the arrears for the period  from 1962  to the  date of the order of notional promotion, viz.,  January 21,1983.  The  writ  petition  was transferred to  the Administrative  Tribunal after  its  re- constitution. Initially, the Tribunal had dismissed the writ petition by order dated December 27, 1991 on the ground that the  claim  was  belated.  Subsequently,  the  above  review petition came  to be filed which was allowed on merits. Thus this appeal by special leave.      In view  of the fact that the claim was not adjudicated on merits in the first instance, it would appear that if the Tribunal found  that the earlier order was not correct, then it would  have gone into the merits by giving opportunity to the State  on  the  questions  whether  the  respondent  was entitled to the arrears, as directed by it on consideration, whether he  had discharged the same duties and whether other cases also  would be  applicable to  the  respondent.  Since these questions  were not addressed after hearing the appeal and in proper perspective, we think that the Tribunal has to go in  the matter  afresh. We  do not propose to go into the matter nor express any opinion on merits.      The appeal  is accordingly  allowed. The  order of  the

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Tribunal stands  set aside.  The  Tribunal  is  directed  to dispose of  the matter  on merits within six months from the date of receipt of this order. No costs.