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2021 Supreme(Raj) 1312
RAJASTHAN HIGH COURT
Arun Bhansali, J.
Mamta Patidar - Appellant
Versus
State of Rajasthan & Ors. - Respondents
Civil Writ Petition No. 16919 of 2021
Decided On : 06-12-2021
Important Points
Subject
Administrative Law - Writ Jurisdiction
Headnote
DIRECTION - REPRESENTATION - The court directed the petitioner to submit a fresh representation regarding vacant posts, emphasizing the need for expeditious consideration by the competent authority without mandating a specific outcome.
Fact of the Case:
The petitioner sought a direction for the consideration of their representation for posting at a nearby vacant position.
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 is entitled to have their representation considered for a vacant post and the timeline for such consideration.
Ratio Decidendi: The court emphasized the importance of timely redressal of grievances while clarifying that the decision on the representation should be made in accordance with the law and not in a predetermined manner.
Result: The writ petition was disposed of with directions for the petitioner to submit a fresh representation and for the competent authority to decide on it within a specified timeframe.
Vikram Singh Bhawla, Advocate
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.
