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2021 Supreme(Raj) 1339

RAJASTHAN HIGH COURT
Arun Bhansali, J.
Birdi Chand Sharma - Appellant
Versus
State of Rajasthan & Ors. - Respondents
Civil Writ Petition No. 16238 of 2021
Decided On : 23-11-2021

Advocates appeared:
O.P. Sangwa, Advocate

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.

Headnote:

DIRECTION - PETITIONER'S REPRESENTATION - The court directed the petitioner to submit a fresh representation regarding vacant posts, emphasizing the need for timely consideration by the competent authority while clarifying that the decision should be made in accordance with the law without any predetermined outcome.

Fact of the Case:

The petitioner sought a direction for the consideration of their representation regarding a nearby vacant post.

Finding of the Court:

The court disposed of the writ petition by instructing the petitioner to submit a new representation within two weeks, ensuring that the competent authority would decide on it within six weeks.

Issues: Whether the petitioner’s representation regarding vacant posts should be considered by the competent authority.

Ratio Decidendi: The court emphasized the importance of expeditious redressal of grievances while maintaining that the authority's decision must adhere to legal standards without bias.

Result: The writ petition was disposed of with directions for the petitioner to file a fresh representation and for the competent authority to decide it in a timely manner.

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 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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