Petitioners' representation to the State was not considered, prompting this writ petition. Following an earlier order in Pawan Meena, the court, without entering into merits, directed the respondents to consider the representation, hear the petitioners, and pass a speaking order within 60 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JP:25400]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2947/2024
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865 Amit Bhardwaj Marg, Jaipur, Malviya Nagar, Rajasthan-302017
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Ajatshatru Mina For Respondent(s) :
HON'BLE MR. JUSTICE SAMEER JAIN
Order
28/05/2024
Meena vs. State of Rajasthan & Ors. (SBCWP No. 1665/2024; Neutral Citation: 2024:RJ-JP:5792) , considering that the representation filed by the litigants were not being addressed by the State and its instrumentalities, this Court observed as under:
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“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 wellbeing, 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 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.
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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 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 overburdened courts.”
(SAMEER JAIN),J
Pooja /35
1 issue framed by the court
Whether the respondents must consider and pass a speaking order on the petitioners' representation dated 26.04.2023.
Colour shows how this judgement treated each authority
Pawan Meena vs. State of Rajasthan & Ors. (SBCWP No. 1665/2024)Followed¶4
2024:RJ-JP:5792
Dr. Bajrang Lal Meena
State of Rajasthan
Commissioner of College Education
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
