Rajasthan High Court

Kaluram Garasiya S/O Tersingh Garasiya vs The State Of Rajasthan ... on 27 March, 2024

Author: Ganesh Ram Meena

Bench: Ganesh Ram Meena

[2024:RJ-JP:14907]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

S.B. Civil Writ Petition No. 4055/2024

Kaluram Garasiya S/o Tersingh Garasiya, Aged About 33 Years,
R/o Ward No. 3, Damjara, Chhaja, Banswara, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Principal Education
Secretary, Government Secretariat, Rajasthan, Jaipur.
2. The Director, Elementary Education, Rajasthan, Bikaner.
3. The Director, Secondary Education, Rajasthan, Bikaner.
4. The Commissioner, Tribal Area Development Department,
Udaipur.
5. The Joint Director, School Education, Udaipur Division,
Udaipur.
6. The District Education Officer, Secondary Education,
Sirohi.
7. The District Education Officer, Elementary Education,
Sirohi.
8. The District Education Officer, Secondary Education,
Banswara.
9. The District Education Officer, Elementary Education,
Banswara.
----Respondents

For Petitioner(s) : Mr. Ram Pratap Saini
Mr. Aamir Khan
For Respondent(s) :

HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment / Order

27/03/2024

1. This writ petition has been jointly filed by the petitioner

with the following prayers:-

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"i. By issuing an appropriate writ, order or direction
in the nature thereof, the Respondents may kindly be
directed to give posting to the petitioners in his home
district or desirable places after considering that he has
completed long service on deputation in compliance of
order dated 30.08.2022 (Annex.4).
ii. By issuing an appropriate writ, order or direction
in the nature thereof, the Respondents may kindly be
directed to give same benefit as given in the order
dated 30.08.2022 (Annex.4) by which they have been
given posting at the desired place after considering
long service on deputation.
iii. By issuing an appropriate writ, order or direction
in the nature thereof, the Respondents may kindly be
directed not to lapse seniority of petitioner on account
of Notice dated 08.02.2024 (Annex.2)."

2. As per the averments made in the writ petition, the

petitioner who was appointed as Senior Teachers-Mathematics,

was given posting on deputation vide order dated 01.07.2022

under the schools being run by the Tribunal Area Development

Department (for short the 'TAD Department'). The basic grievance

of the petitioner is that after completion of the deputation period,

the respondents are going to relieve the petitioner from the

schools where he is posted on deputation under the TAD

Department and there is a possibility of there being sent to far

away places, whereas the respondents Department itself has

issued an instruction to accommodate the petitioner in the same

District or a nearby District to the present place of posting.

3. Learned Counsel appearing for the petitioner after

arguing at some length submitted that the petitioner has

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submitted a detailed representation(Annexure-3 with the writ

petition) to the respondents-authorities and the petitioner would

be satisfied if the respondents are directed to consider the

representation submitted by him after taking decision therein by

passing a reasoned and speaking order.

4. Considered the submissions made by counsel appearing

for the petitioner.

5. The Co-ordinate Bench of this Court, in the case of

Pawan Meena Vs. The State of Rajasthan & Ors.(S.B. Civil

Writ Petition No. 1665/2024) decided on 02.02.2024 has

observed as under:-

"Considering the arguments advanced above, this Court deems it appropriate to note that the State, by constitution as well as practice is a welfare-state. The State, whilst exercising governance over it's citizens, is expected to protect and promote the citizen's social and economic well-being, based on the ideals of equal and due opportunity and public responsibility for citizens who find it difficult and/or are unable to bare the necessities of life.

With the aforementioned duty, comes the inherent task of being the 'first-responders' to the statements of grievance put forth by its citizens, albeit in the capacity of State employees or otherwise.

At the same time, it is noted that the writ court, whilst exercising jurisdiction under Article 226/227 of the Constitution of India, employs a discretionary approach, where in the presence of an alternate and efficacious remedy, the Courts often ponder in delegating the dispute to the said alternate authority, better equipped with experts or otherwise, to entertain

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the dispute. Resultantly, in service matters, the primary expert and/or the body possessing the complete acumen regarding the issue is the State itself, being one of the parties to the litigation before the Court.

Therefore, by assiduously addressing the grievance put forth by the aggrieved employees and acting as first responders, the State can very well do itself a favour and reduce the litigation before it substantially. It goes without saying that the State is patently/obviously not under the responsibility to address the representations positively in favour of the aggrieved-employees. Rather, the only requirement it ought to fulfill is that of providing an ear to their grievance, and thereafter pass appropriate speaking orders in compliance of the principles of natural justice, which may or may not address the aggrieved employee's concerns to their liking. However, by said the careful consideration of the representations received by the State, even if a fraction of the grievance(s) are resolved, of which the cost is born by the State exchequer as well as the litigating employees, the litigation before the Courts wherein the State is a party shall reduce immensely.

Even otherwise, the State must take-

away/embody the spirit of Section 89 of the Code of Civil Procedure and make a genuine attempt to redress the employee's grievances by way of speaking orders, passed in response to the representations so preferred by them.

It also goes without saying that rendering the representations preferred by the aggrieved employees mute, by way of non-consideration by the State, is reflective of conduct unbecoming of government servants who are tasked with the noble responsibility to serve the citizens, including the State

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employees, and maintain their confidence in the State. By merely adjudicating upon representations, the State shall not only lend itself a helping hand, but also extend the same courtesy to the litigants, Courts/Tribunals and also the State Exchequer, by way of reducing litigation costs.

In this regard, Chief Secretary for the State is directed to issue instructions to the State instrumentalities to consider the representations of aggrieved parties and dispose of the same by way of speaking orders, so that frivolous/uncalled for litigation is cut-down before the already exceedingly over- burdened courts.

Resultantly, in the facts and circumstances of the present case, the respondent-State is directed to pay due and timely heed to the representation preferred by the petitioner on 23.08.2023 and thereafter, pass a speaking order within a period of 30 days. It is expected that the principles of natural justice shall be adhered with."

6. In view of the observations and the directions given by

the Co-ordinate Bench of this Court in the case of Pawan Meena

(supra), the respondents are directed to consider the

representation (Annexure-3 with the writ petition) submitted by

the petitioner before it and decide the same by passing a reason

and speaking order within a period of two months from the date of

receipt of certified copy of this order.

7. This order has been passed on the basis of the

submissions of the counsel for the petitioner and it goes without

saying that the respondents shall verify the facts stated by the

petitioner and take decision in accordance with law.

8. The writ petition is accordingly stands disposed of.