IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Arun Bhansali, J.
Kirandeep Kaur – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Civil Writ Petition No. 19371 of 2022
Decided On : 21-12-2022
Representation - Writ Petition - Direction to Consider Petitioner's Representation for Posting at Nearby Place
Fact of the Case:
The petitioner requested a direction to the respondents to consider the petitioner's representation to be posted at a nearby place where a concerned post is lying vacant.
Finding of the Court:
The court disposed of the writ petition with a direction to the petitioner to address a fresh representation before the competent authority, pointing out vacant posts within two weeks. The competent authority was directed to decide the representation, preferably within two weeks from its receipt, to ensure expeditious redressal of the petitioner's grievance.
Issues: The main issue was the petitioner's request for a direction to consider the representation for posting at a nearby place where a post was vacant.
Ratio Decidendi: The court emphasized the need for expeditious redressal of the petitioner's grievance and directed the competent authority to decide the representation in accordance with the law.
Final Decision: The court disposed of the writ petition with the direction to the petitioner to address a fresh representation before the competent authority and for the competent authority to decide the representation expeditiously.
JUDGMENT
Arun Bhansali, J. - Learned counsel for the petitioner submits that the petitioner would be satisfied, if an appropriate direction is issued to the respondents to consider petitioner’s representation to be posted 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 two 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.
The stay application also stands disposed of accordingly.
The court emphasized the need for expeditious redressal of grievances and directed the competent authority to decide the representation in accordance with the law.
The court established that representations regarding employment vacancies must be considered expeditiously by the competent authority, adhering to legal standards.
The legal principle established is that authorities must consider representations regarding vacancies in a timely manner, ensuring adherence to legal standards without bias in decision-making.
The legal principle established is that authorities must consider representations regarding vacancies in a timely manner, ensuring adherence to lawful procedures without bias.
The legal principle established is that authorities must consider representations regarding employment vacancies in a timely manner, ensuring adherence to legal processes without bias.
The court established that timely consideration of representations regarding employment vacancies is essential, and decisions must be made in accordance with the law without bias.
The court established that while it can direct the consideration of representations, it cannot dictate the outcome of such decisions, ensuring adherence to lawful processes.
The court established that the timely consideration of representations regarding employment vacancies is essential, while ensuring that such decisions are made lawfully and without bias.
The court established that while it can direct the consideration of representations, it does not dictate the outcome of such considerations.
A writ of mandamus cannot be issued unless the petitioner has first approached the appropriate administrative authority to resolve their grievances.
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