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CASE NO.: Appeal (civil)  874 of 2008

PETITIONER: Bharat Sanchar Nigam Ltd. & Anr

RESPONDENT: Ghanshyam Singh Arya & Ors

DATE OF JUDGMENT: 31/01/2008

BENCH: S.B. SINHA & V.S.SIRPURKAR

JUDGMENT: JUDGMENT          ORDER CIVIL  APPEAL NO. 874 /2008 (@SLP(C) No. 26025/2005)

               Delay condoned.

               Leave granted.

               This appeal is directed against the judgment and  order dated  7.12.2004 whereby and whereunder the Division Bench of the Allahabad High Court  allowed the writ petition filed by the respondents herein directing:

       " This writ petition is against the order dated 31.1.2000 passed by the  Central Administrative Tribunal. One another writ petition No. 10135 of 2000 was  also filed against the same order and this has been allowed for the reasons mentioned  in that judgment. The present writ petition is also allowed.  The petitioners here will  also entitled to the same relief as has been given in W.P. No. 10135/2000.

       With these observation, the writ petition stands allowed."              In view of the order proposed to be passed by us, it is not necessary to enter  into the merit of the matter.

       Suffice, it to say that a large number of employees of the appellant - Bharat  Sanchar Nigam Ltd.  filed Original Applications before the Central Administrative  Tribunal. The Central Administrative Tribunal dismissed the said Original  Applications.  

       Shiv Singh and others  filed writ petition before the High Court which was  marked as Writ Petition No. 10135/2000(A). By reason of a judgment and order dated  13.3.2003, the said writ petition was allowed directing the appellant to promote them  as JTO with effect from which the 17 similarly situated persons had been promoted;  with consequential benefits.

       It is not in dispute that questioning the correctness of the said order, the  Union of India filed a Special leave petition before this Court which was marked as

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SLP(C) No..CC..9219/2003 wherein this Court on 24.11.2003  passed the following  order:         " Delay condoned.

        Heard and also perused the record which has been brought by the learned  Addl. Solicitor General in pursuance of our earlier order. While declining to interfere  with the judgment of the High Court, we observe that the order shall remain confined  to the writ petitioners(respondents herein) who had appeared in the test held in 1993.                                  The special leave petition stands finally disposed of with the observations  made above."

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       However, from a perusal of the impugned judgment of the High Court   dated 7.12.2004 it does not appear that the High Court had taken note of the effect  and purport of this Court’s order dated 24.11.2003. We, therefore, are of the opinion  that the writ petition filed by the respondents herein should be considered and  disposed of afresh on merit.  

       We may, however, notice that an application for review has already been  filed. We may furthermore place on record that the respondents have filed an  application for contempt of Court for disobedience of the High Court’s order and by  reason of a order dated 12.12.2005 a Bench of this Court had stayed the contempt  proceedings before the High Court.

       In this view of the matter, we are of the opinion that the interim relief sought  for by the respondents in the writ petition may also be considered afresh by the High  Court. In the meantime, the contempt proceedings may not be pursued. We,  furthermore, direct till an appropriate order on the said interim relief is passed by the  High Court, Status-quo may be maintained.                 With the aforementioned directions, the impugned judgment is set  aside and the matter is remitted to the High Court. The appeal is allowed. -3-

               We hope and trust that the writ petition filed by the respondents  shall be disposed of as expeditiously as possible.