State of West Bengal and Ors. Vs. Higher & State Audit Acnt. Serv. Assn. & Ors.
EmailAppeal: Civil Appeal No. 2258 of 2000
(Arising out of SLP (C) 13517/1997)
Petitioner: State of West Bengal and Ors.
Respondent: Higher & State Audit Acnt. Serv. Assn. & Ors.
Apeal: Civil Appeal No. 2258 of 2000
(Arising out of SLP (C) 13517/1997)
Judges: S. RAJENDRA BABU & S.N. PHUKAN, JJ.
Date of Judgment: Mar 28, 2000
Head Note:
SERVICE AND LABOUR LAW
Law Administrative Tribunals Act, 1985
Direction for special pay – No application of mind to facts and law, arising out of case. Order set aside and matter remitted back for fresh consideration. (Para 3)
JUDGEMENT:
ORDER
1. Leave granted.
2. Heard learned counsel for the parties.
3. This appeal is directed against the order made by the Adminis-trative Tribunal by which an application filed by the respondents is disposed of directing payment of certain special pay. Perusal of the order will disclose that there is hardly any application of mind by the Tribunal to the relevant facts or law arising in this case. It is a very cryptic order and does not disclose any reason at all. In the circumstances, we set aside the order made by the Tribunal and remit the matter to the Tribunal for fresh consideration in accordance with law. At this stage learned Counsel for the Respondents brings to our notice that a review application has been filed against the impugned order in which contention has been raised that similar benefits should be ex-tended to others. We do not express any opinion either on the merits of the application (T.A No. 71/96) filed by the respond-ents or on the review application. The appeal shall stand al-lowed accordingly. There shall be no order as to costs.
1. Leave granted.
2. Heard learned counsel for the parties.
3. This appeal is directed against the order made by the Adminis-trative Tribunal by which an application filed by the respondents is disposed of directing payment of certain special pay. Perusal of the order will disclose that there is hardly any application of mind by the Tribunal to the relevant facts or law arising in this case. It is a very cryptic order and does not disclose any reason at all. In the circumstances, we set aside the order made by the Tribunal and remit the matter to the Tribunal for fresh consideration in accordance with law. At this stage learned Counsel for the Respondents brings to our notice that a review application has been filed against the impugned order in which contention has been raised that similar benefits should be ex-tended to others. We do not express any opinion either on the merits of the application (T.A No. 71/96) filed by the respond-ents or on the review application. The appeal shall stand al-lowed accordingly. There shall be no order as to costs.
