IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.3470 OF 2009 (arising out of SPECIAL LEAVE PETITION (C) NO.1125 OF 2008)

ISLAM MONDAL & ORS. ....APPELLANTS VERSUS

STATE OF WEST BENGAL & ORS. ....RESPONDENTS

O R D E R

Delay condoned.   

Leave granted.

The matter was heard by us on the interlocutory application seeking  

interim direction by the State of West Bengal, respondent and also on merits of the  

appeal.

So far as appeal is concerned, we find that the order impugned in this  

appeal is non-descriptive and passed without application of mind.  The impugned  

order is, therefore, set aside and the writ petition is resotred to its original number,  

which  was  moved  by  the  petitioners  against  the  order  of  the  Administrative  

Tribunal  passed in an original  application  being  OA-4130/1998.    High  Court  is  

requested to dispose of the writ petition afresh at an early date without granting  

unnecessary adjournment to either of the parties.

contd....2/-

::2::

So  far  as  interim application  being  I.A.  No.2  of  2009 is  concerned,  

after hearing learned counsel for the parties, we are of the view that without going  

into the merits and without affecting the rights of the appellants, it would be open  

for the State of  West  Bengal  to fill  up 61 posts  keeping six  posts  vacant till  the  

disposal of the aforesaid writ petition by the High Court.

The interlocutory application and the appeal is accordingly disposed  

of with no order as to costs.

............................J. (TARUN CHATTERJEE)             

............................J. (H.L. DATTU)                   

NEW DELHI, MAY 4, 2009.