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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Dinesh Mehta, J.
Ravindra Solanki – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Civil Writ Petition No. 4177 of 2022
Decided On : 12-12-2022
Illegal Dispensation - Employment Dispute - The court directed the petitioner to file a representation within two weeks, and the competent authority of the respondents to consider and decide the representation in accordance with the law within four weeks to ensure expeditious redressal of the petitioner's grievance.
Fact of the Case:
The petitioner, claiming to be a Computer Operator with the respondents, alleged illegal dispensation of his engagement.
Finding of the Court:
The court directed the petitioner to file a representation within two weeks, and the competent authority of the respondents to consider and decide the representation in accordance with the law within four weeks to ensure expeditious redressal of the petitioner's grievance.
Issues: Illegal dispensation of engagement, expeditious redressal of petitioner's grievance.
Ratio Decidendi: The court emphasized the need for expeditious redressal of the petitioner's grievance and directed the competent authority to consider and decide the representation in accordance with the law.
Final Decision: The court disposed of the writ petition with the aforementioned directions and also disposed of the stay application accordingly.
JUDGMENT
Dinesh Mehta, J. - The petitioner, who claims to be working as Computer Operator with the respondents, has approached this Court with a grievance that the respondents have dispensed with his engagement illegally.
2. Learned counsel for the petitioner submits that the petitioner would be satisfied if a direction is issued to the competent authority of the respondents to consider his representation expeditiously.
In view of the aforesaid, the present writ petition is disposed of with a direction to the petitioner to file a representation within a period of two weeks along with certified copy of the order instant.
3. In case, a representation is so addressed within the aforesaid period, the competent authority of respondents shall consider and decide the same in accordance with law as early as possible, preferably within a period of four weeks.
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.
The court emphasized the need for expeditious redressal of grievances and directed the competent authority to consider and decide the representation in accordance with the law.
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.
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.
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