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CASE NO.: Appeal (civil)  1329 of 2007

PETITIONER: I.C.A.R. & ORS.

RESPONDENT: ASIT BARAN CHAUDHURI & ANR.

DATE OF JUDGMENT: 13/03/2007

BENCH: Dr.AR.LAKSHMANAN & ALTAMAS KABIR

JUDGMENT: J U D G M E N T (Arising out of SLP(C) No.20040-20041/2005)

Dr.AR.LAKSHMANAN, J.  

       Leave granted.         Heard Ms.Indu Malhotra, learned counsel for the appellants and   Mr.Jaideep Gupta, learned senior counsel for the respondents.         We have perused the order impugned in this appeal.         The High Court while allowing the Writ Petition filed by the respondent  herein directed the appellant-authorities to consider the claim of the  respondent for benefit of Agricultural Research Service in scientist ‘S’ Grade  with effect from the date he became entitled.  The High Court has also further  observed that while considering aforesaid, the Authority concerned will also  consider the cases of the employees junior to the respondent herein as  mentioned in paragraph 37 of the Writ Petition.  For the  said purpose, the  respondent herein was granted liberty to make a representation before  appropriate Authority along with a copy of the order of the High Court and in  such cases, the said Authority will decide the matter within two months from  submission of the representation.  It is pertinent to notice that no one appeared  on behalf of the appellant-Authorities before the High Court.  The High Court  considered the matter in the absence of any argument being advanced on  behalf of the appellants. Subsequently, a Review Petition was filed by the  appellant herein which was also dismissed by the High Court.  Aggrieved by the  above two orders, the above Civil Appeal has been filed.           It is now stated by the learned senior counsel for the respondent herein  that pursuant to the direction given by the High Court, the respondent has  already made a representation on 16.12.2004 to the Secretary, Department of  Agricultural Research and Education, Ministry of Agriculture-Cum-The Director  General, Indian Council of Agricultural Research, Krishi Bhavan, New Delhi and  other authorities.  Now that the representation was made pursuant to the  directions given by the High Court, we direct the appellants herein to dispose  of the representation within two weeks from today in accordance with the  statutory rules and communicate the said order to the respondent herein  immediately after the disposal of the said representation.           While disposing of the Writ Petition, the High Court has also directed  the concerned authorities to consider the cases of the employees junior to the  respondent herein as mentioned in paragraph 37 of the Writ Petition. The said  direction, in our opinion, is not justified and uncalled for.  We, therefore, set  aside that direction and direct the appellant-authorities  to consider the  representation made by the respondent herein alone in accordance with law  and as indicated above.         The appeal stands disposed of accordingly.         No costs.