HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 427/2020
1. Bhoop Raj Jatav S/o Shri Hari Raj Jatav, Aged About 40 Years, Resident Of Plot No. 21, Vidhya Nagar, Pali At Present Posted As Inspector Legal Metrology (Lmo), Pali.
2. Jitendra Kumar Sachdeva S/o Sh. Rajendra Kumar, Aged About 37 Years, Resident Of Plot No. 196, Mp Colony, Bajaria Sawai Madhopur At Present Posted As Inspector Legal Metrology (Lmo), Sawai Madhopur.
3. Prateek Soni S/o Ramesh Chandra Soni, Aged About 42 Years, Resident Of Ahmad Miyan, Bambhore Gate, Luharon Ka Mohalla, Purani, Tonk At Present Posted As Inspector Legal Metrology (Lmo), Tonk.
4. Sandhya Soni S/o Niranjan Kumar Soni, Aged About 39 Years, Resident Of Nagar Palika Colony, First Floor, Near Sanjeevni Hospital, Chittorgarh At Present Posted As Inspector Legal Metrology (Lmo), Chittorgarh.
----Appellants Versus
1. State Of Rajasthan, Through The Secretary, Consumer Affairs Department, Govt. Of Rajasthan, Secretariat, Jaipur.
2. The Secretary, Department Of Food And Civil Supplies, Govt. Of Rajasthan, Secretariat, Jaipur
3. The Dy. Commissioner And Dy. Secretary (Admin), Department Of Food And Civil Supplies, Jaipur
4. The Controller (Legal Metrology), Consumer Affairs Department, Government Of Rajasthan, Jaipur.
5. The Additional Food Commissioner And Ex-Officio, Director Consumer Affairs, Department Of Controller, Legal Metrology, Jaipur, Rajasthan.
6. The Dy. Controller, Legal Metrology, Consumer Affairs Department, Jaipur.
7. The Indian Inistitute Of Legal Metrology, Consumer Affairs Department, Jaipur.
8. The Chairman And Managing Director, Rajasthan Rajya Vidyut Utpadan Nigam Ltd., Jaipur.
9. Managing Director, Jaipur Vidyut Vitran Nigam Ltd., (Downloaded on 29/05/2021 at 08:25:23 PM) (2 of 12) [SAW-427/2020] Jaipur.
10. Saurabh Jain, Assistant Controller, Legal Metrology, And District Supplies Officer, Sawaimadhopur.
11. Rahul Raj Jadon, Assistant Controller, Legal Metrology, And District Supplies Officer, Alwar.
12. Anil Panwar, Assistant Controller, Legal Metrology, And District Supplies Officer, Dungarpur.
13. Satendra Singh Kardam, Inspector, Legal Metrology, And Enforcement Inspector, Baran.
14. Nilesh Kumar Khant, Inspector, Legal Metrology, And Enforcement Inspector,dungarpur.
15. Rinki Rani, Inspector, Legal Metrology, And Enforcement Inspector, Bharatpur.
16. Shivani, Inspector, Legal Metrology, And Enforcement Inspector, Jodhpur
17. Mahipal Singh Rathore, Inspector, Legal Metrology, And Enforcement Inspector, Nagaur.
18. Nisha Meena, Inspector, Legal Metrology, And Enforcement Inspector, Banswara.
19. Amit Kumar Choudhary, Inspector, Legal Metrology, And Enforcement Inspector, Sikar.
20. Manali Bhatt, Inspector, Legal Metrology, And Enforcement Inspector, Pratapgarh.
21. Raman Yadav, Inspector, Legal Metrology, And Enforcement Inspector, Tonk.
22. Nihal Vashisht, Inspector, Legal Metrology, And Enforcement Inspector, Kota.
23. Pukhraj Khansotiya, Inspector, Legal Metrology, And Enforcement Inspector, Alwar.
24. Rohit Kumar Sharma, Inspector, Legal Metrology, And Enforcement Inspector, Bharatpur.
25. Gokul Chand Meena, Inspector, Legal Metrology, And Enforcement Inspector, Bharatpur.
26. Prerma Sharma, Inspector, Legal Metrology, And Enforcement Inspector, Jhunjhunu.
----Respondents
Connected With
(Downloaded on 29/05/2021 at 08:25:23 PM)
(3 of 12) [SAW-427/2020]
D.B. Spl. Appl. Writ No. 414/2020
1. The State Of Rajasthan, Through Its Secretary, Consumer Affairs Department, Government Of Rajasthan, Secretariat, Jaipur.
2. The Director, (Consumer Affairs) And Controller Legal Metrology, Rajasthan, Jaipur.
3. The Director, Legal Metrology, Department Of Consumer Affairs, Legal Metrology Division, Krishi Bhawan, New Delhi.
----Appellants Versus
1. Suresh Kumar S/o Ram Chandra, Aged About 31 Years, Village Silanwad, Tehsil Ladnun, District Nagaur. Presently Woking On The Post Of Legal Metrology Officer, Nagaur.
2. The Union Of India, Through Its Secretary, Ministry Of Consumer Affairs, Food And Public Distribution, Krishi Bhawan, New Delhi.
3. The Director, Indian Institute Of Legal Metrology, Kanke, Ranchi, Jharkhand.
4. Mahipal Singh Rathore S/o Narpat Singh Rathore, Aged About 31 Years, Inspector, Legal Metrology, Nagaur.
5. Miss. Shivani Singh D/o Shri Sumer Singh, Aged About 28 Years, At Present Inspector, Legal Metrology, Jodhpur.
----Respondents D.B. Spl. Appl. Writ No. 423/2020
1. State Of Rajasthan, Through The Secretary To Government, Food, Civil Supplies And Consumer Affairs Department, Rajasthan, Jaipur, Rajasthan.
2. Director And Controller, Legal Metrology Department Of Consumer Affairs, Rajasthan.
3. Deputy Controller, Legal Metrology, Rajasthan, Jaipur, Rajasthan.
----Appellants Versus
1. Ram Chandra Tripathy S/o Late Shri Tukuna Kumar Tripathy, Aged About 43 Years, R/o Laxmi Bihar Colony, Madhuban, District Jodhpur, Rajasthan.
(Downloaded on 29/05/2021 at 08:25:23 PM)(4 of 12) [SAW-427/2020]
2. Rajasthan Rajya Sahkari Spinning And Ginning Mills Federation Limited, Head Office Nehru Shankar Bhawan, Jaipur Through Its Chairman And Managing Director, Rajasthan Rajya Sahkari Spinning And Ginning Mills Federation Limited, Head Office Nehru Shankar Bhawan, Jaipur.
3. General Manager, Spinning And Ginning Mills Federation Limited, Unit Gulabpura.
4. Nisha Meena, Inspector Legal Metrology, Banswara, Legal Metrology Cell, Department Of Consumer Affairs, Rajasthan.
----Respondents D.B. Spl. Appl. Writ No. 432/2020
1. State Of Rajasthan, Through Its Secretary, Consumer Affairs, Department, Government Of Rajasthan, Secretariat, Jaipur.
2. The Secretary, Department Of Consumer Affairs (Legal Metrology Cell), Secretariat, Jaipur.
3. The Director (Consumer Affairs) And Controller, Legal Metrology, Rajasthan, Jaipur.
----Appellants Versus Suresh Kumar S/o Ram Chandra, Aged About 31 Years, Village Silanwad, Tehsil Ladnun, District Nagaur, Presently Working On The Post Of Legal Metrology Officer, Nagaur.
----Respondent D.B. Spl. Appl. Writ No. 437/2020
1. State Of Rajasthan, Through The Secretary, Consumer Affairs Department, Govt. Of Rajasthan, Secretariat, Jaipur.
2. The Secretary, Department Of Food And Civil Supplies, Govt. Of Rajasthan, Secretariat, Jaipur.
3. The Dy. Commissioner And Dy. Secretary (Admin), Department Of Food And Civil Supplies, Jaipur.
4. The Controller (Legal Metrology), Consumer Affairs Department, Government Of Rajasthan, Jaipur.
5. The Additional Food Commissioner And Ex-Officio,
(Downloaded on 29/05/2021 at 08:25:23 PM)
(5 of 12) [SAW-427/2020]
Director Consumer Affairs, Department Of Controller, Legal Metrology, Jaipur, Rajasthan.
6. The Dy. Controller, Legal Metrology, Consumer Affairs Department, Jaipur.
----Appellants Versus
1. Bhoop Raj Jatav S/o Shri Hari Ram Jatav, Aged About 40 Years, Resident Of Plot No. 21, Vidhya Nagar, Pali At Present Posted As Inspector Legal Metrology (Lmo), Pali.
2. Jitendra Kumar Sachdeva S/o Shri Rajendra Kumar, Aged About 37 Years, Resident Of Plot No. 196, Mp Colony, Bajaria Sawai Madhopur At Present Posted As Inspector Legal Metrology (Lmo), Sawai Madhopur.
3. Prateek Soni S/o Ramesh Chandra Soni, Aged About 42 Years, Resident Of Ahmad Miyan, Bambhore Gate, Luharon Ka Mohalla, Purani, Tonk At Present Posted As Inspector Legal Metrology (Lmo), Tonk.
4. Sandhya Soni S/o Niranjan Kumar Soni, Aged About 39 Years, Resident Of Nagar Palika Colony, First Floor, Near Sanjeevni Hospital, Chittorgarh At Present Posted As Inspector Legal Metrology (Lmo), Chittorgarh.
5. The Indian Inistitute Of Legal Metrology, Ranchi Through Its Director.
6. The Chairman And Managing Director, Rajasthan Rajya Vidyut Utpadan Nigam Ltd., Jaipur.
7. The Managing Director, Jaipur Vidyut Vitran Nigam Ltd., Jaipur.
8. Saurabh Jain, Assistant Controller, Legal Metrology, And District Supplies Officer, Sawaimadhopur.
9. Rahul Raj Jadon, Assistant Controller, Legal Metrology, And District Supplies Officer, Alwar.
10. Anil Panwar, Assistant Controller, Legal Metrology, And District Supplies Officer, Dungarpur.
11. Satendra Singh Kardam, Inspector, Legal Metrology, And Enforcement Inspector, Baran.
12. Nilesh Kumar Khant, Inspector, Legal Metrology, And Enforcement Inspector, Dungarpur.
13. Ms Rinki Arya, Inspector, Legal Metrology, And Enforcement Inspector, Bharatpur.
(Downloaded on 29/05/2021 at 08:25:23 PM)(6 of 12) [SAW-427/2020]
14. Ms Shivani, Inspector, Legal Metrology, And Enforcement Inspector, Jodhpur.
15. Mahipal Singh Rathore, Inspector, Legal Metrology, And Enforcement Inspector, Nagaur.
16. Nisha Meena, Inspector, Legal Metrology, And Enforcement Inspector, Banswara.
17. Amit Kumar Choudhary, Inspector, Legal Metrology, And Enforcement Inspector, Sikar.
18. Manali Bhatt, Inspector, Legal Metrology, And Enforcement Inspector, Pratapgarh.
19. Raman Yadav, Inspector, Legal Metrology, And Enforcement Inspector, Tonk.
20. Nihal Vashisth, Inspector, Legal Metrology, And Enforcement Inspector, Kota.
21. Pukhraj Khansotiya, Inspector, Legal Metrology, And Enforcement Inspector, Alwar.
22. Rohit Kumar Sharma, Inspector, Legal Metrology, And Enforcement Inspector, Bharatpur.
23. Gokul Chand Meena, Inspector, Legal Metrology, And Enforcement Inspector, Bharatpur.
24. Mrs. Prerna Sharma, Inspector, Legal Metrology, And Enforcement Inspector, Jhunjhunu.
----Respondents D.B. Spl. Appl. Writ No. 456/2020 Ms Shivani D/o Shri Sumer Singh, Aged About 28 Years, Inspector, Legal Metrology, And Enforcement Inspector, Jodhpur, Rajasthan.
----Appellant Versus
1. Ganesh Ram Yogi S/o Shri Mohan Lal Yogi, Aged About 52 Years, R/o Ward No. 412, Station Road, Kuchaman City District Nagaur, Presently Posted As Legal Metrology Officer, Jodhpur. (Relived For Parental Department Registration And Stamp)
2. State Of Rajasthan, Through The Secretary, Consumer Affairs Department, Government Of Rajasthan, Secretariat, Jaipur.
3. The Secretary, Department Of Consumer Affairs (Legal (Downloaded on 29/05/2021 at 08:25:23 PM) (7 of 12) [SAW-427/2020] Metrology Cell), Secretariat, Jaipur.
4. The Director (Consumer Affairs) And Controller, Legal Metrology, Rajasthan, Jaipur.
----Respondents D.B. Spl. Appl. Writ No. 60/2021
1. The Secretary, Department Of Consumer Affairs (Legal Metrology Cell), Secretariat, Jaipur.
2. The Director (Consumer Affairs) And Controller, Legal Metrology, Rajasthan, Jaipur.
3. The Director (Consumer Affairs) and Controller, Legal Metrology, Rajasthan, Jaipur.
----Appellants Versus Ganesh Ram Yogi S/o Shri Mohan Lal Yogi, Aged About 52 Years, Resident Of Ward No. 12, Station Road, Kuchaman City District Nagaur, Presently Posted As Legal Metrology Officer, Jodhpur.
----Respondent For Appellant(s) : Mr. Harish Purohit, through VC For Respondent(s) : Mr. Mukesh Rajpurohit, ASG, through VC Mr. Rajat Arora, on behalf of Mr. K.S.
Rajpurohit, AAG Mr. G.R. Punia, Senior Advocates, assisted by Rajesh Punia, through VC Dr. Nupur Bhati, through VC Mr. Kuldeep Mathur.
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Judgment 26/05/2021 Heard learned counsel for the parties. Perused the material available on record.
These appeals have been listed for consideration of this Court on an application No.1/2021 moved by the State of (Downloaded on 29/05/2021 at 08:25:23 PM) (8 of 12) [SAW-427/2020] Rajasthan in D.B. Special Appeal (Writ) No.427/2020 for issuing necessary direction in order to secure the ends of justice.
This bunch of appeals has been preferred against a common order dated 14.08.2020 passed by the learned Single Bench of this Court whereby, while admitting the writ petitions, the stay applications filed by the writ petitioners in a bunch of writ petitions led by S.B. Civil Writ Petition No.4605/2020 were disposed of. The directions given by the learned Single Judge, at para No.28 of the impugned order, which is reproduced herein below, are the bone of contention between the parties to the litigation:
"(28) On successful completion of the courses, if the State intends to depute the private respondents as Metrology Officers, instant order will not come in way."
The contesting parties i.e. the writ petitioners as well as the State of Rajasthan are aggrieved of the above directions to some extent. Consequently, some of the writ petitioners have moved a modification application before the learned Single Judge whereas some have challenged the order impugned by filing Special Appeal (Writ) No.427/2020. The State of Rajasthan has filed Special Appeal (Writ) Nos.414/2020, 423/2020, 432/2020, 437/2020 and 60/2021 and the private respondents have also preferred a Special Appeal No.456/2020 to assail the above directions.
The controversy involved in the matters primarily revolves around the issues pertaining to the appointment of the 'Legal Metrology Officers'. The appointment/deputation of the private respondents by the State Government has been challenged by the writ petitioners on various grounds in the writ petitions which are (Downloaded on 29/05/2021 at 08:25:23 PM) (9 of 12) [SAW-427/2020] pending consideration before the learned Single Judge. The grievance raised by the appellants- writ petitioners in D.B. Special Appeal (Writ) No.427/2020) is that the learned Single Judge, while passing the order dated 14.08.2020, has permitted the State Government to appoint/ depute the private respondents as Legal Meterology Officers on completion of the basic training course which is only one of the eligibility criterion whereas the other requirements of the procedure have been ignored. If the respondent State is permitted to proceed in furtherance of the directions, as contained in Para 28 of the order impugned, posting will be given to the private respondents which may result in state repatriating the writ petitioners back to their parent department.
The appellants writ petitioners apprehend that the above position will cause prejudice to their rights as various important issues concerning appointment/deputation of the private respondents are yet to be decided by the learned Single Judge and no conclusion in respect of such issues has yet been arrived at. On the other hand, the State has filed the Special Appeals primarily challenging the directions issued by the learned Single Judge regarding the requirement of completion of the basic training course.
The appeals came up for consideration on 15.02.2021 and this Court, while issuing notices, was pleased to stay the effect and operation of the directions issued by the learned Single Judge vide Para No.28 of the order impugned dated 14.08.2020. The interim order was passed in the appeal filed by the petitioners bearing No. DBSAW No.427/2020.
The State of Rajasthan has moved an application in DBSAW No.427/2020, wherein, it has been stated that on account of the Lockdown imposed as well as on account of the steep rise in (Downloaded on 29/05/2021 at 08:25:23 PM) (10 of 12) [SAW-427/2020] number of COVID patients, certain serious instances have been exposed which involve black-marketing/ hoarding/ overcharging of life saving drugs, oxygen, essential commodities etc. The State has received various complaints in this regard. It has been further submitted by the State Counsel that the private respondents have completed the basic training course and are now fully eligible for posting in accordance with the directions issued by the learned Single Judge in Para 28 of the order impugned. The State is in dire need of trained persons to address the situation and to deal with the complaints of irregularity in distribution being received from various quarters. It has also been stated in the application that some of the Legal Metrology Officers who are assigned the responsibility of dealing with the complaints have also been infected with Corona virus and the number of complaints is regularly rising. The State has prayed that liberty be granted to it to utilize the services of the private respondents who have completed the course in terms of Para 28 of the order impugned without creating any equity in their favour and leaving their fate subject to the outcome of the writ petitions. So far as the grievance of the appellants and the other writ petitioners is concerned, a categoric statement has been made by the State Counsel that in the event of the private respondents being provided posting in terms of para 28 of the order impugned, it will be ensured that no prejudice is caused to the rights of the writ petitioners and their position will not be altered/ disturbed in relation to the issues involved in writ petitions without the leave of the Hon'ble Court. It has further been prayed by the State that since the writ petitions are already pending before the learned Single Judge, the appeals may be disposed of while granting all (Downloaded on 29/05/2021 at 08:25:23 PM) (11 of 12) [SAW-427/2020] the parties concerned, liberty to agitate all the issues on merits before the learned Single Judge.
The learned counsel appearing for the writ petitioners in the writ petitions, so also the learned counsel appearing for the private respondents in the writ petitions have not objected to the prayer so made by the State Government. It has been stated that the appeals may be disposed of while granting the liberty as prayed for by the State Government without prejudicing the rights of the petitioners in the writ petitions.
We have heard the learned counsels representing the parties and have also perused the material available on record.
In the peculiar facts and circumstances of the case, where the state government in under an obligation to check, control, act against and restrict black-marketing/hoarding and over charging of life saving drugs, oxygen, essential commodities etc. in accordance with the Legal Metrology Act, 2009 and the Rules framed thereunder, the prayer made by the State to provisionally post the private respondents against the available posts of the Legal Metrology Officers appears to be prima facie justified and the need of the hour. This prayer has also not been objected by the learned counsels appearing for the writ petitioners in the writ petitions.
The writ petitions filed before the learned Single Judge are pending consideration and adjudication of the issues involved therein is yet to be undertaken. At this stage, without expressing any view on merits of the case, we deem it appropriate to dispose of the present appeals while granting liberty to the State Government to provisionally utilize the services of the private respondents in the writ petitions and to post them on the available (Downloaded on 29/05/2021 at 08:25:23 PM) (12 of 12) [SAW-427/2020] posts of Legal Metrology Officer in accordance with the observations made in Para 28 of the order of the learned Single Judge dated 14.08.2020. It is clarified here that in case, posting is given to the private respondents on successful completion of the training course as contemplated in Para 28 of the order of the learned Single Judge, the same would not create any equity in their favour and shall not prejudice the rights of the petitioners in the writ petitions and none of the petitioners will be repatriated to their parent department on account of appointments of such private respondents, that is to say, the position of the writ petitioners in the writ petitions shall not be altered by any means.
The issues which are pending consideration before the learned Single Judge in the writ petitions shall remain open for consideration. The parties shall be at the liberty to contest all the issues on merits before the learned Single Judge in the pending writ petitions and the posts so provided to the private respondents will remain subject to the final outcome of the writ petitions and/or any interim order passed therein, as the case may be. It is again clarified that this order shall not be considered to be an expression of opinion on the merits of the case.
With the above observations, all the appeals are disposed of.
No orders as to cost.
A copy of this order shall be placed in each file.
(DEVENDRA KACHHAWAHA),J (SANDEEP MEHTA),J 10-Tikam/ Sudhir/-
(Downloaded on 29/05/2021 at 08:25:23 PM)Powered by TCPDF (www.tcpdf.org)