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1982 DIGILAW 66 (RAJ)

State of Rajasthan v. Ameer Chand Jain

1982-02-08

G.M.LODHA

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JUDGMENT 1. The G. Os. (Government officers) flout G. Os. (Government Orders) and G.A. (Government-Advocate) abetes it, is the triology of debate. 2. An order of the Rajasthan Civil Services-Appellate Tribunal, Rajasthan Jaipur, dated 20.4.78 is being challenged by the State by filing writ petition on 9.8.82. A preliminary objection has been raised by the learned counsel for the respondents that the petition should not he entertained on account of inordinate and unexplained delay of more than four years. The petitioner has not taken care to explain this delay by filing any affidavit of any responsible officer of the State to show as to what were the extraordinary circumstances in which the State took four years and three months to challenge the order of the Service Tribunal. 3. The respondents have relied upon the circular of the State Government dated 26 7.78 which reads as under:- GOVERNMENT OF RAJASTHAN Department of Personnel and Administrative Reforms Department of Personnel A. Gr. II) CIRCULAR.No. F. 17 (2) DOP/A-II/78 Jaipur, July 26, 1978. Sub : Implementation of decision of the Rajasthan Civil Services Appellate Tribunal. It has come to the notice of the Government that the Administrative Department Heads of Departments have not been taking effective steps to implement the decisions of the Rajasthan Civil Services Appellate Tribunal within a reasonable period. Timely action is also not taken to decide, whether writ in the Rajasthan High Court in respect of decision of the Tribunal has to be filed or not with the result that the fate of the appellants hangs in balance for a unlimited time. Government have considered the matter. In order to ensure that a final action on the Order of the Tribunal is taken within a reasonable time limit, it is enjoined on all the concerned authorities to ensure that the orders passed by the Tribunal should be implemented positively within three months from the date of the delivery of the certified copy of the order. If in any case the order of the "Tribunal is to be taken to the High Court by way of a writ petition, the writ petition should also be filed within three months invariably. Sd. Arun Kumar Special Secretary to Govt. 4. Another circular dated 15.3.79 reiterates the same. If in any case the order of the "Tribunal is to be taken to the High Court by way of a writ petition, the writ petition should also be filed within three months invariably. Sd. Arun Kumar Special Secretary to Govt. 4. Another circular dated 15.3.79 reiterates the same. Yet another circular has been issued on 5.6.79 in continuation of the earlier, issuing a mandate to all Government functionaries that in case they want to challenge the order of the Tribunal, they must move stay petition within three months. 5. It is most surprising and shocking that the State functionaries are the first in this respect not only to ignore but to art in flagrant disregard, clear contravention and outrageous violation of these Government orders treating them as waste piece of papers, instead of three months time given in these circulars, the petitioner has taken four years and three months to challenge the order, and during all this period till today, the impugned order of the Tribunal has not been complied with by the petitioner, which shows how scant regard and respect is done not only to the Tribunal's order but the Government orders also. Such a situation prevailing in the State functionaries is most unfortunate and should cause concern to the Government, which has shown vigilance by issuing three circulars one after the other enjoining upon the State functionaries to act expeditiously in implementing the orders of the Tribunal, and in case they want to challenge them, to do so immediately. 6. The Services Appellate Tribunal has been constituted by the State Legislation in order to provide a form for adjudication of the disputes regarding various service matters including the promotions and seniority etc. of the various State employees. Such a social welfare Legislation is being undermined by the functioning rather defunctioning of such State functionaries, who not only ignore the orders by not implementing them for years together in spite of the above Government Orders but further challenge them at leisure, after a period of four years and three months, like the one which has happened in the instant case. against the specific mandate given in the above Government orders. Even if the Government orders would not have been there, this court normally would not have entertained such petition, after a period of four years and three months. against the specific mandate given in the above Government orders. Even if the Government orders would not have been there, this court normally would not have entertained such petition, after a period of four years and three months. It must be known that the service conditions of Civil servants should be made certain and any difference, debate and dialogue raised by disputes in respect of seniority, fixation or promotion should be resolved at the earliest, so that they may have peaceful atmosphere and discharge their duties in the respective departments. If the service conditions remain uncertain for such a long period, then the State employee always remains under mental torture, duress, pressure, anxiety and worry about his future. It goes without saving that unless a State employee is assured all just and fair treatment as a civil servant, it would be too much to expect from him that he would do his work with dedication. It is in this background and on account of the above motivation that the Government orders mentioned above have been issued one after the other. What a pity it is that these Government orders are violated and torn to pieces like waste scrap papers by none else than those Government officers who are supposed and upon whom there is sacred pious legal duty to respect them. I am therefore, of the opinion that I should not entertain any arguments oil the merits of the case and dismiss the writ petition on the short but surest ground of inordinate, unexplained delay by the petitioner. 7. The writ petition, therefore, fails and is hereby dismissed with costs. *******