RSRTC and Another vs Deepak Prajapati

For a short point involved, at the request and with the consent of the learned counsel for the parties, the matter has been considered finally at this stage itself. By way of this intra-court appeal, the appellants have questioned the order dated 29.06.2011 as passed in CWP No. 5100/2011 whereby the learned Single Judge of this Court considered the grievance of the writ petitioner (the respondent herein) against rejection of his candidature for appointment on compassionate basis; and issued directions to the appellants to consider the case of the writ petitioner.

It is submitted that the learned Single Judge has proceeded to dispose of the writ petition with the directions to the present appellants to consider the candidature of the writ petitioner for compassionate appointment on the basis of the qualification of Middle pass on the post in Class IV service within a period of 2 months but then, the order impugned had been passed without any notice to the appellants, who were respondents in the writ petition. It is sought to be contended that as under the Rules, the writ petitioner is not entitled for any such compassionate appointment.

So far as the merits of the case are concerned, we prefer not to make any comments thereupon but we are of the considered view that the order impugned cannot be sustained for having been passed without notice to the present appellants and without hearing them.

Having regard to the questions posed by the writ petitioner, in our opinion, the principles of natural justice required that the respondents of the writ petition (the appellants herein) were afforded an opportunity of hearing before disposal of the writ petition.

It has also been pointed out on behalf of the appellants that a similar nature order as passed in CWP No. 3505/2011 has been considered in a similar intra-court appeal, being DBSAW No. 1234/2011; and a co-ordinate Bench, while allowing the appeal, has remanded the matter for consideration afresh by the learned Single Judge of this Court after affording opportunity of hearing to both the parties. The same course deserves to be adopted in the present case too.

Accordingly and in view of the above, this appeal succeeds and is allowed to the extend indicated; and the impugned order dated 29.06.2011 is set aside. CWP No. 5100/2011 shall stand restored for re-consideration by the learned Single Judge of this Court.

The parties through their respective counsel shall stand at notice to appear before the learned Single Judge on 11.12.2012. No costs.