JUDGMENT 1. - All these writ petitions are on the same subject matter; hence are decided by this one common order. 2. In fact several writ petitions had been filed at Jaipur and Jodhpur by various employees of the Animal Husbandry Department alleging that discrimination ha~ been done in matter of choosing the candidates for sending them in training for Live Stock Assistants. Similar writ petitions have been allowed by this court vide order dated 18.9.1989 as well as a bunch oi writ petitions at Jodhpur vide order, dated 3.5.1990 where directions have been issued for sending the petitioners in the training of Live Stock Assistants in term; of the orders, but it is regrettable that the Department did not correct the errors and permitted several other employees to raise their grievances before this court. 3. In the aforesaid circumstances I thought it proper to direct the Government Advocate to seek positive instructions from the Director, Animal Husbandry in the case so that there should not be multiplicity of proceedings. Shri B.S. Malik, Joint Director, Animal Husbandry appeared in the court on 9.8.90 and gave it to understand that matter is being considered in the light of the decisions of this court. I am informed by Deputy Govt. Advocate that no decision has been communicated to him and, therefore, I am constrained to pass this order in these writ petitions. 4. I have made it clear more than once that it does not behove a Government in a welfare State to drag its employees to the court of law unnecessarily, it not only increases the work-load of this court but puts the Government into unnecessary expenditure which otherwise should be curtailed. When the orders are passed by the Court in a particular case settling the principle it has to be read not in between lines but in letter and spirit, and those who are responsible for implimenting the order must do an exercise to cure the defects in other identical cases, i.e. to say the matter of employees who are similarly situated. Dragging each of the employee similarly situated to the court of law besides having financial implications also leads to decrease the efficiency of the employee concerned because the time, money and energy he has spent in litigation could better be utilised in the service of the Government.
Dragging each of the employee similarly situated to the court of law besides having financial implications also leads to decrease the efficiency of the employee concerned because the time, money and energy he has spent in litigation could better be utilised in the service of the Government. It is hopefully expected that the Director, Animal Husbandry would personally look into the matter and see that the persons identically situated are not in future dragged to such litigation else this court would zealously look into the matter and fix accountability of the officers concerned who fail to discharge their duty as contemplated by Article 51A of the Constitution of India by imposing a cost of the Litigation, may be also making them personally accountable to pay a part of it from their salaries. I wish and hope, my point will go home and the respondents will pay heed to it. 5. So far as these writ petitions are concerned, I need not detain myself in either discussing the facts or law, since they are fully covered by the decision of this court in identical cases. To quote I have referred to the latest bunch of cases decided by this court by my brother Hon'ble G. S. Singhvi J. who has decided the petitions in the following terms : "Similarly, in other two cases referred to hereinabove, this court has held that since the requirement of training is necessary for the purpose of promotion, there is no justification for not sending the candidates for training. Learned Dy. Government Advocate could not show anything to distinguish the present cases from that of Rameshwar's case (supra) and similar other cases." 6. In view of the above, these writ petitions are allowed, the petitioners shall be allowed to take up the training of Live Stock Assistant on their own costs and they shall be granted leave as available in their credit, and if no leave is available in their credit, they will be given study leave as provided in the Rajasthan Service Rules. They would be entitled to consideration for promotion on the post of Live Stock Assistants on fulfilment of other conditions of eligibility and subject to the availability of vacancy. The petitioners will also be entitled to the benefit of reservation available to the members of the scheduled castes if any, under the Rajasthan Animal Husbandry Subordinate Service Rules.Petitions Allowed. *******