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PETITIONER: STATE OF MAHARASHTRA & ANR.

       Vs.

RESPONDENT: DR. S.S. SRIVASTAVA & ANR.

DATE OF JUDGMENT:       10/02/1997

BENCH: K. RAMASWAMY, G.T. NANAVATI

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.      We have  heard the  learned counsel  for the appellants and the respondent-in-person.      This appeal  by special  leave arises  from  the  order passed by  the Tribunal  in Contempt Petition No. 35/1996 in pending O.A.  No. 1156/94.  The Tribunal  had issued interim directions that  "(I)n the  circumstances, we  hereby direct the respondents  as  an  interim  measure  to  consider  the applicant to  the Senior  Scale  and  Junior  Administrative Grade according  to the  Rules within a period of two months from the  date of  receipt of  the order.  Accordingly, M.P. 11/96 is  disposed  of  in  the  light  of  the  above.  The Respondents are  directed to file their reply to the amended C.A. by  14.3.1996. The  matter be kept before the Registrar at Nagpur on 14.3.1996." It is stated by the appellants that they have  considered the case on June 7, 1996 and found him not fit  to the  said Senior  Time  Scale.  Thereafter,  the respondent filed  contempt petition  in the Tribunal and the Tribunal has  passed the  impugned order  relevant  part  of which is as under:      "...the  State   Government  should      also consider  the fitness  of  the      applicant for being promoted to the      Junior Administrative Grade from an      appropriate date  strictly  as  per      rules within  two months  from  the      date of  the communication  of this      order. We make it clear that we are      passing this  order as  an  interim      measure and  the applicant  will be      entitled for  arrears,  though  the      applicant  would  be  entitled  for      national   fixation   of   pay   on      promotion to Senior Time Scale from      1.4.93."      Thus, this appeal by special leave.      Though the  learned counsel  for the appellants as well as respondent-in-person seek to raise contentions on merits, we think  that this is not an appropriate stage for us to go

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into the merits in the matter. In view of the stand taken by the  appellants   that  the   case  of  the  respondent  was considered by  the Government  and found  that  he  was  not eligible for  grant of Senior Time Scale, as directed by the Tribunal, the appropriate course should be that the Tribunal may decide  matter on merits and then deal with it according to law.  Instead, unfortunately,  the Tribunal  has exceeded its power  in giving  the directions, even before the matter was considered  on merits.  Under these  circumstances,  the order of  the Tribunal  stands set  aside. The  Tribunal  is directed to  decide the  matter on merits and dispose of the main O.A. within a period of two months from the date of the receipt of the order.      The appeal is accordingly allowed.