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1988 Supreme(SC) 804
SUPREME COURT OF INDIA
E.S. Venkataramiah and N.D. Ojha, JJ.
Ashok Singh and others - Appellants
Versus
The State of Madhya Pradesh and others - Respondents
AND
S. Kushwaha and others - Appellants
Versus
The State of Madhya Pradesh and others - Respondents
AND
Veerandra Tiwari and others - Appellants
Versus
Dashrath Singh and others - Respondents
Civil Appeal Nos. 2255 to 2258 of 1985
Decided On : 27-09-1988
Headnote:
Administrative Tribunal Act, 1985 - Employment and Service Matter - Service of notices on persons to be newly added - Petitioner to take out notices - Appellants had been included in the panel prepared by Public Service Commission and published on 10th July - Said panel has been quashed by High Court by the judgment under appeal even though the appellants had not been impleaded as parties to the Writ Petition - We feel that in the facts and circumstances of this case the order of the High Court which prejudically affects the appellants should be set aside and the case should be remanded to High Court to dispose it of afresh after impleading all the person who had been included in the panel as parties to the petition - We accordingly set aside judgment of the High Court and remand the case to the High Court to dispose of the case afresh, without being influenced by the judgment of High Court which has been set aside by this order - Appeals are disposed of
ORDER :
E.S. Venkataramiah, J.
1. It is seen from the record that the names of the appellants had been included in the panel prepared by the Public Service Commission and published on 10th July, 1984. The said panel has been quashed by the High Court by the judgment under appeal even though the appellants had not been impleaded as parties to the Writ Petition. We feel that in the facts and circumstances of this case the order of the High Court which prejudically affects the appellants should be set aside and the case should be remanded to the High Court to dispose it of afresh after impleading all the person who had been included in the panel as parties to the petition. We accordingly set aside the judgment of the High Court and remand the case to the High Court to dispose of the case afresh, without being influenced by the judgment of the High Court which has been set aside by this order.
2. If the petitioners in the Writ Petition apply to the Public Service Commission to furnish them the names and addresses of the persons who had been included in the panel dated 10.7.1984 the Public Service Commission shall make such names and addresses available to them to enable them to implead all the person mentioned in the panel as respondents in the case.
3. In order to facilitate the service of notices on the persons to be newly added as respondents it is open to the petitioner to take out notices to such newly added person through the Chief Engineer concerned under whom they may be now working.
4. If the State Administrative Tribunals has been constituted under the provisions of the Administrative Tribunal Act, 1985 in the State of Madhya Pradesh and if by reason of the provisions of the Administrative Tribunal Act, 1985 the High Court cannot hear this petition it is open to the High Court to transfer the case to the file of the State Tribunal. If the case is transferred to the State Tribunal it shall dispose of the case in accordance with law and the directions issued in this case.
5. Persons who have been appointed as Assistant Engineers pursuant to the order made by this Court shall continue to function as Assistant Engineer subject to the result of the writ petition which has now been remanded.
6. The appeals are disposed of accordingly. No costs.
Ordered accordingly.
