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CASE NO.: Appeal (civil)  2351 of 2008

PETITIONER: STATE OF M. P. & ORS

RESPONDENT: BHARAT SINGH BHATI & ORS

DATE OF JUDGMENT: 01/04/2008

BENCH: TARUN CHATTERJEE & HARJIT SINGH BEDI

JUDGMENT: JUDGMENT

O R D E R NON-REPORTABLE

CIVIL APPEAL NO 2351 OF 2008 [Arising out of SLP (C) 11968 of 2007]

1.      Leave granted.   2.      In our view, this appeal can be disposed of on a very short  point.  The respondents, Bharat Singh Bhati & Ors. filed a writ  application before the High Court of Madhya Pradesh at Indore  claiming relief that a minimum of pay-scale from the respective dates  of their initial appointment be paid to them as had been paid to other  similarly situated persons and for other incidental reliefs.   3.      This writ petition was disposed of by directing payment of  the minimum pay-scale from the respective dates of their initial  appointment.  From the order of the High Court, it would be evident  that the High Court had noted that return to the writ petition was filed  by the State of Madhya Pradesh, appellant herein, although,  admittedly, no such return was filed.   4.      An application for review of the order of the High Court  allowing the writ petition of the respondents was filed, which was also  rejected.  A writ appeal against the original order of the learned Single  Judge of the High Court allowing the writ application was also filed.   The said appeal was also dismissed by a Division Bench of the High  Court of Madhya Pradesh holding that in view of the rejection of the  Review Application, the writ appeal could not be entertained.   5.      Feeling aggrieved by the aforesaid orders of the learned  Single Judge as well as of the Division Bench of the High Court, this  Special Leave Petition has been filed, which was heard on grant of  leave in presence of the learned counsel for the parties.   6.      Having heard the learned counsel for the parties and  considering the fact that return was in fact not filed by the appellants,  we are of the view that the High Court was not justified in allowing  the writ application without affording any opportunity of filing return  to the writ application filed by the respondents.  In that view of the  matter, we set aside all the orders passed by the learned Single Judge  in the writ petition as well as in the Review Application and also the  order passed in the writ appeal.  The appellants shall file their return  to the petition within six weeks from the date of supply of a copy of  this order to the High Court and the High Court, thereafter, shall  dispose of the writ application after giving hearing to the parties  within a period of three months from the date of filing the return to the  writ application by passing a reasoned and speaking order in  accordance with law.   7.      Accordingly, the appeal is allowed to the extent indicated  above.  There will be no order as to costs.