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2021 Supreme(Raj) 324

IN THE HIGH COURT OF RAJASTHAN
Dinesh Mehta, J.
Santosh Kumari - Appellant
Versus
Director, Primary Education - Respondent
Civil Writ Petition No. 3002 of 2021
Decided on : 18-02-2021

Advocates appeared:
Hans Raj Nimbar, Advocate

The court emphasized the need for expeditious redressal of grievances and the competent authority's obligation to consider the fresh representation within a specific timeframe.

Headnote:

Representation - Redressal of Grievance - The court directed the petitioner to address a fresh representation to the competent authority pointing out vacant posts and ordered the competent authority to decide the representation within six weeks, ensuring expeditious redressal of petitioner's grievance.

Fact of the Case:

The petitioner requested the court to issue a direction to the respondents to consider her representation to post her at a nearby place where the concerned post is lying vacant.

Finding of the Court:

The court disposed of the writ petition with the direction to the petitioner to address a fresh representation before the competent authority and ordered the competent authority to decide the same within six weeks, ensuring expeditious redressal of petitioner's grievance.

Issues:

Ratio Decidendi: The court's decision was based on the need for expeditious redressal of the petitioner's grievance and the directive for the competent authority to consider the fresh representation within a specific timeframe.

Final Decision: The writ petition was disposed of with the direction to the petitioner to address a fresh representation before the competent authority and the competent authority was ordered to decide the same within six weeks.

JUDGMENT

Dinesh Mehta, J. - Learned counsel for the petitioner submits that the petitioner would be satisfied, if an appropriate direction is issued to the respondents to consider his representation to post her at a nearby place, in accordance with law, where concerned post is lying vacant.

2. The present writ petition is, therefore, disposed of with the direction to the petitioner to address a fresh representation before the competent authority pointing out vacant posts within a period of two weeks alongwith photostat copy of the earlier representation and certified copy of the order instant.

3. In case, such representation is filed by the petitioner, the competent authority shall decide the same, in accordance with law, preferably within a period of six weeks from the receipt thereof.

4. It is made clear that aforesaid direction to decide the representation has been issued only with a view to ensure expeditious redressal of petitioner's grievance. The same may not be construed to be an order to decide the representation in a particular manner.

5. The stay application also stands disposed of accordingly.

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