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PETITIONER: DEVIDASS GOPAL KRISHAN PVT. LTD.

       Vs.

RESPONDENT: STATE OF PUNJAB

DATE OF JUDGMENT26/03/1993

BENCH: JEEVAN REDDY, B.P. (J) BENCH: JEEVAN REDDY, B.P. (J) VENKATACHALLIAH, M.N.(CJ) AHMADI, A.M. (J)

CITATION:  1994 AIR 2291            1994 SCC  Supl.  (2)  59  JT 1994 (3)   239        1994 SCALE  (2)547

ACT:

HEADNOTE:

JUDGMENT:                            ORDER 1.   Leave granted. 2.   Heard on merits. 3.   The  appellants  are  drivers  serving  in  Delhi  Fire Service.   Their  grievance is that there is no  avenue  for their promotion.  The writ petition filed by the  appellants in  the Delhi High Court has been dismissed only by  stating as under: "The petition is misconceived.  Dismissed." 4.In  a  matter of this kind, the grievance of  the  writ petitioners has to be examined on the basis of their service conditions and the principles indicated in the decisions  of this Court relating to the policy for promotion and possible avenues for their promotion or in the alternative, at  least some  additional allowance after the lapse of  a  prescribed period  of time.  For this purpose it is necessary  for  the respondents  to  place  the relevant  materials  before  the Court.   In view of the fact that the respondents  were  not even  given notice of the writ petition by the  High  Court, that  occasion  did  not arise.  We also  do  not  have  the benefit  of knowing the reasons, if any, of the  High  Court for treating the petition as misconceived, since neither the submissions made in support of the petition nor the  reasons of the High Court for its conclusion have been stated in the impugned  order.   It is, therefore,  appropriate  that  the matter  goes back to the High Court for a fresh decision  of the  writ petition in accordance with law, dealing with  the contentions of the appellants (writ petitioners) and  giving reasons for the conclusion reached. 5.The appeal is allowed, accordingly.  The impugned order of  the High Court dismissing the writ petition, in  limine, is  set  aside.  The High Court should proceed to  hear  and decide the writ petition afresh in accordance with law.   No costs.

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t  Arising out of SLP (C) No. 9462 of 1991  61