- (1.) MRS. S. Dikshit, J. Sole grievance of the petitioner is that he prayed for interim relief alongwith claim petition filed by him. Petitioner is working as Trade Tax Officer and since he was not being considered for promotion to the post of Assistant Commis sioner, Trade Tax, therefore, he preferred claim-petitioner and byway of interim relief he had prayed that his case may be con sidered for promotion ignoring punishment of censure entry awarded to him on 26-5-92.
(2.) LEARNED Tribunal while considering the application for interim relief rejected the same vide impugned order dated 3-3-97 on the ground that since the representation and memorial preferred by the petitioner against the punishment has been rejected therefore interim relief cannot be granted to him. Learned counsel for the petitioner challenges this order (dated 3-3-97) on the ground that the learned Tribunal erred in law in rejecting the application for interim relief not on merits, but simply on the ground that because the representation and memorial had been rejected by the State Government, therefore, noprima facie case is made out. Learned counsel for the petitioner contends that invariably in most of such cases the aggrieved employees ap proach the Tribunal only after the representations are rejected and the grievance of the employees in such circumstances is rep resentation have wrongly been rejected. Therefore, if the Tribunal will adopt aforesaid reasoning, then the cases of ag grieved employees on merit shall never be considered at the time of grant of interim relief. Learned counsel for the petitioner, therefore, contends that his only prayer is that his application for interim relief be considered by the learned Tribunal on merits and not otherwise. I have heard the learned counsel for the parties and found that there is substantial force in the contention of the learned counsel for the petitioner. Both the parties agree that since the case merits reconsidera tion by the learned Tribunal, therefore, no purpose will be served by keeping this writ petition pending before this Court and the same be disposed of today itself. With suitable directions. I therefore, quash, the order dated 3-3-97 impugned in this writ petition and remand back the case to the learned Tribunal for reconsideration of the application for interim relief on merits of the case and pass appropriate orders at an early date, say within two weeks from the date a certified copy of this order is produced before the learned Tribunal. Order accordingly. .;