State Of Rajasthan vs Bhoop Raj Jatav
2021 Latest Caselaw 9565 Raj

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.,

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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




                                          (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.

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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,



                                         (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.

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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

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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

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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

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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

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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

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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

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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/-

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