Delay condoned.
Leave granted.
The matter was heard by us on the interlocutory application seeking
interim direction by the State of West Bengal, respondent and also on merits of the
appeal.
So far as appeal is concerned, we find that the order impugned in this
appeal is non-descriptive and passed without application of mind. The impugned
order is, therefore, set aside and the writ petition is resotred to its original number,
which was moved by the petitioners against the order of the Administrative
Tribunal passed in an original application being OA-4130/1998. High Court is
requested to dispose of the writ petition afresh at an early date without granting
unnecessary adjournment to either of the parties.
contd....2/-
::2::
So far as interim application being I.A. No.2 of 2009 is concerned,
after hearing learned counsel for the parties, we are of the view that without going
into the merits and without affecting the rights of the appellants, it would be open
for the State of West Bengal to fill up 61 posts keeping six posts vacant till the
disposal of the aforesaid writ petition by the High Court.
The interlocutory application and the appeal is accordingly disposed
of with no order as to costs.