2009 INSC 0163
SUPREME COURT OF INDIA
            Union of India
                   Vs.
               P.N.Singh

        C.A.No.418 of 2009
(S.H. Kapadia and Aftab Alam JJ.)

              23.01.2009
               ORDER

1. Delay condoned.

2. Leave granted.

3. Vide judgment and order dated September 28, 2007 passed by the High Court in WPCT
No. 208 of 2007 the Writ Petition filed by Union of India stood dismissed.

4. Thereafter, Union of India moved Review Petition bearing No. RVW 19 of 2007 which
stood allowed in the following terms:-

        "In our view, this is a fit case where the order should be reviewed and accordingly,
        we allow the Application for recalling the order passed by the Division Bench on
        28.9.2007 in WPCT No. 208 of 2007 and fix the matter for fresh hearing."

5. As can be seen from the operative part of the Order passed by the Division Bench in the
Review Petition, the earlier Order dated 28th September, 2007 stood recalled and the Writ
Petition bearing No. WPCT 208 of 2008 stood restored.

6. After restoration the impugned judgment has been delivered by the Division Bench in
WPCT 208 of 2007. The dispute revolves around the promotion claimed by the respondent to
the post of Executive Engineer. On going through the impugned order we find that the said
order is cryptic. It does not discuss the Service Rules which were in force at the relevant
date. It also does not discuss the Rules which are in force as of date.

7. In the circumstances, we set aside the impugned judgment and restore WPCT No. 208 of
2007 to the file of the Calcutta High Court with a direction that the High Court shall dispose

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of the said Writ Petition in accordance with law. We request the High Court to expeditiously
hear and dispose of the Writ Petition, preferably within nine months.

8. The civil appeal stand allowed with no order as to costs.

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