Leave granted.
By reason of its judgment and order dated 22.12.2003, a learned Single
Judge of the High Court of Jammu & Kashmir passed the following order:
“In view of the detailed discussion, this writ petition is allowed. Respondents/State is directed to appoint the petitioner against the higher post of Inspector in Police Department on the analogy of respondents 5 and 7 or revert the said respondents to a lower post of Sub Inspector within a period of three months.”
Both the State as also the private respondents preferred separate intra
Court appeals thereagainst.
Where the appeal preferred by the private respondents was not only
entertained by the High Court but also an order of stay was granted therein; the
appeal preferred by the State has been dismissed summarily by a Division Bench of
the said Court by reason of the impugned order.
In view of the aforementioned anomalous position, we are of the opinion
that interest of justice would be subserved if this appeal is disposed of with the
following directions:
1.The impugned judgment dated 12.9.2005 is set aside;
2.The matter is remitted to the High Court for disposal of the LPA (S) No.104/2005 along with LPA(SW) No. 30/2004 on merit;
3.As the matter is pending for a long time, we would request the High Court to consider the desirability of disposing it of as expeditiously as possible, preferably within a period of three months from the date of communication of this order. The appeal is disposed of accordingly. (S.B. SINHA) (CYRIAC JOSEPH) NEW DELHI, AUGUST 25, 2008.