Ashok Singh & Ors. Vs. The State of Madhya Pradesh & Ors.
EmailAppeal: Civil Appeal No.2255 of 1985
Petitioner: Ashok Singh & Ors.
Respondent: The State of Madhya Pradesh & Ors.
Apeal: Civil Appeal No.2255 of 1985
Judges: E.S.VENKATARAMIAH & N.D.OJHA, JJ.
Date of Judgment: Sep 27, 1988
Head Note:
PRACTICE AND PROCEDURE
Parties to writ petition – Names of the Appellants had been included in the panel prepared by Public Service Commission The High Court quashed the panel even though the appellants were not parties to the writ petition – Order of the High Court set aside and remanded for disposal afresh after impleading all the persons included in the panel.
JUDGEMENT:
O R D E R
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 prejudicially 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 persons 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 persons 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 persons through the Chief Engineer concerned under whom they may be now working.
4. If the State Administrative Tribunal 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.
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 prejudicially 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 persons 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 persons 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 persons through the Chief Engineer concerned under whom they may be now working.
4. If the State Administrative Tribunal 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.
