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Judgment
Honourable Mr. Justice V.M. Sahai
Though the appeal is listed for admission hearing, with the consent of learned counsel for the parties, we have taken up this appeal for final disposal.
By way of this Intra-Court Letters Patent Appeal, the appellant - original petitioner has challenged the judgment and order dated 05.09.2011 passed by the learned Single Judge in Special Civil Application No.6039 of 2011 whereby the learned Single Judge dismissed the writ petition filed by the appellant.
Learned counsel appearing for the appellant has contended that the documents which are referred to in paragraph 2 of the impugned order of the learned Single Judge are part of the petition at Annexures D & E to the petition. Inspite of that, the learned Single Judge has observed that the petitioners have not placed any of the Circulars on the record of the case. Hence, he submitted that the impugned judgment and order is required to be quashed and set aside.
In our view, the learned Single Judge ought to have referred those Circulars passed by the Corporation as they are already on record of the petition at Annexure D & E and ought to have given the finding on the point as to why the petitioner is not entitled to the same benefit which are granted to the other employees of the Corporation who are similarly situated to the petitioner. Only on this ground, the present appeal deserves to be allowed and the writ petition is required to be remanded back to the learned Single Judge to decide the same on merits by taking into consideration the Circulars which are already on record at Annexures D & E to the petition.
In the result, the appeal is allowed. The impugned judgment and order dated 05.09.2011 passed by the learned Single Judge in Special Civil Application No.6039 of 2011 is quashed and set aside. The writ petition is remanded back to the learned Single Judge to hear the matter afresh on merits. The learned Single Judge is requested to decide the writ petition expeditiously subject to His Lordship''s convenience. The present appeal is allowed to the aforesaid extent. Rule is made absolute to the above extent.
In view of disposal of appeal, civil application also stands disposed of.