IMPORTANT POINT
Appeal cannot be disposed of without due application of mind by Appellate Court.

ORDER :

1. Leave granted.

2. The Division Bench of the High Court of Orissa, by its order dated 23 February 2021, dismissed the writ appeal filed against the judgment of the Single Judge by the appellants on the ground that it is premature.

3. We find substance in the grievance of the appellants which has been urged by Mr. P.S. Patwalia, learned Senior Counsel, that there has been no application of mind by the Division Bench of the High Court to the merits of the writ appeal. The Single Judge directed the appellants to consider the case of the respondent for promotion, which was the order under challenge in appeal. The writ appeal was not premature.

4. Mr. Monish Panda, learned counsel appearing on behalf of the respondent, on caveat, submits that a considerable delay has taken place and the respondent is due to retire within a period of four months.

5. This ground which has been urged on behalf of the respondent be sufficiently taken note of by requesting the High Court to expeditiously consider the writ appeal upon a remand which becomes necessary by reason of the fact that the High Court has not dealt with the merits of the challenge in the appeal. Accordingly, in order to facilitate this exercise and without expressing any opinion on the rival contentions, we set aside the impugned order of the Division Bench of the High Court dated 23 February 2021. The writ appeal, being WA 382 of 2020, is restored to the file of the Division Bench. Upon the writ appeal being mentioned for early listing, we request the Division Bench to take it up expeditiously in view of the fact that the respondent, as stated by his counsel, is due to retire within four months and the issue pertains to his being considered for promotion.

6. The appeals are accordingly disposed of.

7. Pending application, if any, stands disposed of.