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Rajasthan High Court · body

1991 DIGILAW 127 (RAJ)

Sandeep Dandwate v. State of Rajasthan

1991-01-30

G.S.SINGHVI

body1991
JUDGMENT 1. - The petitioners are having the degrees of Architecture from Chandigarh College of Architecture, an Institute of national repute. The petitioners have stated that they did some private job and thereafter made applications for post graduate course in terms of the advertisement issued by the Chief Town Planner, respondent No. 2. Both the petitioners were interviewed by the Chief Town Planner for under-taking post graduate course. They were selected for being sponsored for post graduate course for Urban and Regional Planning at the School of Planning and Architecture, New Delhi/Indian Institute of Technology, Khadagpur. 2. The Government of Rajasthan has under-taken to bear the expenses of the period of training and the petitioners were paid Rs. 1,000/- per month as stipend during the period of training which lasted for 18 months. Both the petitioners successfully completed the training and were awarded provisional certificates for Master Degree in planning with specialisation in urban planning. These certificates have been placed on record as Annexures 10 and 11. The petitioners were asked to execute bonds in the prescribed proforma,' whereby they were bound down to serve the State Government for a period of five years in any capacity for which they could, for the time being, be regarded as fit by the Government, They were also required to furnish a surety and the petitioners as well as their sureties were to be held responsible financially in case the petitioners were to fail to serve the Government or they were removed from the job within a period of five years. After completion of the training, the Registrar, School of Planning and Architecture, New Delhi relieved the petitioners. 3. Chief Town Planner Rajasthan, Jaipur wrote a letter on 13.2.1990 to the Secretary, Urban Development and Housing Rajasthan, Jaipur in timating him that the petitioners have completed their training and they may now be appointed as Assistant Town Planners in the pay scale of 2200-75-3000-100-4000. The letter dated 13.2.1990, which has been placed on record as Annexure 12 shows that the Vacancies in the said cadre are available. This was reiterated by the Sr. Town Planner (Head Quarters), Jaipur in the Office of the Chief Town Planner, Rajasthan, Jaipur in his letter dated 6th March, 1990 addressed to Dy. Secretary, City Development & Housing Department, Jaipur. 4. When nothing happened in the matter, the petitioners filed this writ petition. This was reiterated by the Sr. Town Planner (Head Quarters), Jaipur in the Office of the Chief Town Planner, Rajasthan, Jaipur in his letter dated 6th March, 1990 addressed to Dy. Secretary, City Development & Housing Department, Jaipur. 4. When nothing happened in the matter, the petitioners filed this writ petition. On 29.10.1990, this court issued notice to the respondents to show cause as to why the writ petition should not be admitted and disposed of. Learned Addl. Govt. Advocate put his appearance on 12.11.90. On 20.12.90, learned Addl. Government Advocate sought time to file reply. On 10.1.1991 when the case was taken up, learned Addl. Government Advocate sought time to seek instructions from the Government as to whether the petitioners will be appointed or will be released from the conditions of bonds. The matter was adjourned to 24.1.91 and again to 29.1.1991. 5. Today, an application has been moved on behalf of the respondents praying that the case may be adjourned for one month on the ground that the petitioner is under consideration before the Government and the respondents be given one month more time, so that the matter can he finalised. When learned Addl. Government Advocate was asked to state as to whether the Government is willing to appoint the petitioners against the available vacancies, he stated that he cannot give any specific under-taking before the Court. Thus, It is clear that after having successfully completed the training at the expenses of public funds, the petitioners' fate still hinges in balance. The Chief Town Planer had written to the Secretary, Urban Development and Housing Rajasthan, Jaipur vide his letter dated 13.2.90 to give appointments to the petitioners, but apparently the matter has been put in cold storage in the Secretariat. The petitioners have spent their valuable time and energy in acquiring the post graduate training and the Government has spent public money amounting to Rs. 36,000/- on this training. The petitioners do not know whether they would get appointments or not. The request of the petitioners is that either the Government should give them appointments or release them from the conditions of the bond which they were made to execute. 6. A perusal of Annexure-7 shows that the petitioners have been bound down to serve the Government for a period of five years. This condition can be enforced against the petitioners only after they have been given appointments. 6. A perusal of Annexure-7 shows that the petitioners have been bound down to serve the Government for a period of five years. This condition can be enforced against the petitioners only after they have been given appointments. The petitioners cannot be made to suffer like bonded labourers for this period of 5 years by not being given the employment and by not being permitted to seek employment else where. The knowledge, experience and the expertise, which the petitioners have acquired at the cost of public ex-chequer cannot be allowed to be drained out by sheer lethargy and inaction on the part of the departmental authorities. Certainly, the training was not imparted to the petitioners for keeping them idle. The petitioners would loose efficiency with the passage of time, if they remain idle. The State, which requires experts in the field of planning and particularly urban planning, has already suffered for 11 months because the petitioners have not worked for this period. The public interest, which ought to be supreme in the governance of any Welfare State is the worst sufferer on account of such delays. As far as the petitioners are concerned, they are the unfortunates who have suffered a lot on account of the inaction and omissions on the part of the respondents. The employment, which the petitioners may have received would have provided them the source of sustenance. The Courts have recognised the employment as a form of property. The scope of Article 21 of the Constitution of India, which embodies the principles regarding protection of life has received extended meaning by judicial activism and a man's right to earn livelihood has been treated as part of life guaranteed by Article 21 of the Constitution of India. In my opinion, there can be no justification for the respondents to withhold a decision in the matter as to whether the petitioners should be given employment or should not be for a long period of 11 months by now. 7. In these circumstances, it is only appropriate to give directions, to the respondents to give appointments to the petitioners as Assistant Town Planners within a period of 15 days from the date of presentation of copy of this order. If the respondents do not give appointments to the petitioners within this time, they must be treated as free from the conditions of bond, Annexure-7. 8. If the respondents do not give appointments to the petitioners within this time, they must be treated as free from the conditions of bond, Annexure-7. 8. Consequently, the writ petition is allowed. The respondents are directed by a writ of mandamus to give appointments to the petitioners as Assistant Town Planner against the vacant posts, which have been indicated in Annexures 12 and 13, within a period of 15 days from the date of presentation of copy of the order. In case appointments are not given to the petitioners within this period, they shall stand released from the conditions of bond, Annexure-7 and in that event, the respondents shall pay compensation to the petitioners amounting to Rs. 2000/- each for keeping them idle for all this period. 9. The respondents shall also pay costs of Rs. 1000/- to each of the petitioners.Writ Petition Allowed. *******