NDLI: The State of West Bengal Vs. Shiv Anandpathak

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Letters Patent Appeal
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Letters Patent (Calcutta High Court)-Letters Patent appeal-Underlying philosophy-Hierarchy of courts-Writ petition seeking promotion to higher post-Single judge holding that promotions to be effected from a certain date-Writ Appeal by certain other affected parties Judgment modified directing to consider the cases of the affected parties along with the original writ petitioners-Promotions made accordingly-Another writ petition filed by original writ petitioners-Seeking arrears of salary and allowances w.e.f. the date they were directed to be promoted by the Single Judge in the earlier writ petition-Writ petition disposed of directing the authorities to consider cases in accordance with law-Writ appeal preferred-Disposed of by Division Bench comprising the judge who decided the earlier writ petition, holding appellants to have been promoted from the date mentioned in the earlier writ petition-Held-The judge not competent to have presided over the Bench since he had expressed his opinion in the earlier writ petition. Practice and Procedure-Procedure under Art 226-Not strictly in accordance with CPC; to follow principles of natural justice.Administrative /aw-Bias-Meaning and forms-Explained-Judge to have an unbiased mind during hearing-Judicial functionaries not exempt from the rule of bias-Bias on account of judicial obstinacy-Doctrine of necessity. Judicial Propriety-Single judge passing a judgement in a writ petition-Division Bench overruling the said judgment-Another writ petition filed in the same matter-Writ petition disposed of-,-Writ appeal-judgment given by Bench comprising the same earlier judge who had allowed the first writ ' petition-Held-The judgment constitutes an attempt to revive the directions of the earlier overruled judgment-A judge not to rewrite his own judgment sitting in appeal-The judge should have dissociated himself from the Bench. Maxims-Nemo debet esse judex in propria sua causa-Applicability of. In the West Bengal Subordinate Labour Sen'ice, promotions to the posts of Inspector of Wages etc., were made, fifty percent by direct recruitment and fifty percent by promotion. The Assistant Computers were one of the feeder posts for promotions of the said posts. The respondents, who were working as Assistant Computers filed a writ petition in the Calcutta High Court seeking promotion to these posts. The writ petition came up before a Single judge (Justice 'A'), wherein it was directed that promotions were to he given to the writ petitioners with effect from 13.3.80. A writ appeal was filed against this judgment by certain other affected parties. The Division Bench hy its order dated 17-1-1985 modified the Judgment given by the Single Judge and directed that the appellants as also the writ petitioners were to be considered for promotion in accordance with law. Complying with the said directions the State of West Bengal promoted the employees drawn from all categories including the writ petitioner, by its order dated 16.4.85 and 6.6.1985. Two of the original writ petitioners filed another writ petition seeking arrears of salary and allowances with effect from 13-03-1980. The writ petition was disposed of by Single judge holding that there was. no ground to interfere in the matter and the authorities would be free to consider the case of the writ petitioners in accordance with law. An appeal was preferred against the said judgment. The said appeal came up for hearing before a Division Bench presided over by justice" A', who had allowed the first writ petition. The Division bench allowed the appeal with the direction that the writ appellants have to be treated as promoted with effect from 13- 03-1980, but were not entitled to any areas of salary from that date. It was further directed that the basic pay in the scale of pay was to be treating 13.3.80 as the date of promotion without affecting the seniority and benefits of persons already promoted. The State of West Bengal challenged the said judgment in the present appeal.The appellants contented that Justice 'A' was not competent to have expressed his views sitting in the Division Bench in the same matter between the same parties though initiated on a subsequent writ petition. The direction issued by the Single Judge had ceased to exist as it was modified by a division Bench by issuing a fresh direction. It was further contended that the respondent filed another writ petition seeking enforcement of the old direction which was already overruled and the Single Judge disposed of the Writ Petition holding that the direction of the Division Bench alone was enforceable, hence the interference was unnecessary by reiterating his earlier view.The respondents contented that the direction given by the Division Bench was innocuous since there was neither a direction for payment of arrears of salary nor they were to affect the seniority of others.
Judge	Hon'ble Mr. Justice S. Saghir Ahmad
Neutral Citation	1998 INSC 83
Petitioner	The State Of West Bengal
Respondent	Shiv Anandpathak
SCR	[1998] 1 S.C.R. 811
Judgement Date	1998-02-11
Case Number	4144

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