N V PARIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, a Social Welfare Officer, Social Welfare and Tribal Development Department, Government of Gujarat, by this petition under Article 226 of the Constitution is praying for direction to the respondents to promote him to the post of Class I officer w.e.f. 26/4/88, the day from which his juniors were promoted to the said post with all the consequential benefits.

(2.) This petition has come up for preliminary hearing in the Court on 10/06/1988 on which date, it was admitted. Though more than 11 years have already been passed, none of the respondents have cared to file reply to the same. Not only this, the matter was put for final hearing in Court on 23-11-98 then on 27-11-98,, 11-12-98,, 22-1-99, 18-2-99, 23-3-99 and 30-3-99. After 30-3-99, the matter has come up on Board for final hearing today. From 23-11-98 to 29-10-99 this matter was put on final hearing Board many a times but it is really shocking and surprising that none of the respondents has utilised that time to file reply to the special civil application. It is unfortunate in this State that though it has set an handsome amount in the budget for litigation, the total contribution of its officers is that in substantial number of cases even nobody bothers to file reply or in good per centage of cases even Government advocates are not having the files and in those cases where the file and reply both are there, the officers are not coming up to properly instruct them. If this is the only assistance to be provided to the court by the State of Gujarat which is the biggest litigant what for this heavy amount of public exchequer has to be set for the litigation in the budget. I have been informed by the Addl. Advocate General of the State of Gujarat that for the financial year 1998-99, Rs. 1 crore and 19 lacs was the amount fixed for the litigation by the State of Gujarat. The State of Gujarat and its officers are party to 90% special civil applications which are being filed in this court. In civil litigation also in 60% thereof, the State Government or its officers are party. To assist the courts in the matter leaving apart to defend themselves in the litigation a system is there of Government Advocate's Office and this budgetary allocation is also understandable but in reality the court is not getting any assistance from the State Government or its officers. One of the reasons for delay in disposal of the matters is noncooperative attitude of the officers of the State of Gujarat. It is unfortunate that the accountability of the officers is not there and as a result thereof nobody bothers. The litigation in the court has to be taken seriously by the State of Gujarat and its officers and in case they take it in correct perspective and spirit then certainly I am confident that majority number of cases in the courts can be disposed of within no time. Take the example of this case itself where in case the reply to the writ petition would have been there on the record, the court would not have taken more than ten minutes to decide this matter. This simple matter, more than ten to twelve times it has been listed in the court but as reply to this special civil application has not been filed, the same could not be decided. I fail to see despite of spending this huge amount under the head of litigation expenses what for this institution, Government Pleader's Office, is continued. It is unable to provide any assistance to the court in the litigations. This institution may be closed down and this amount may be utilized for some other public purposes. It is really shocking that nobody at Gandhinagar is serious about this matter though time and again the courts are drawing the attention of Gandhinagar towards the pitiable condition of the State of Gujarat's litigations in the court. The position is deteriorating day by day. If the courts are to decide the matters without having the assistance from the side of the State of Gujarat and its officers then what for this system of having the Government Pleader's Office to be continued. It is not the matter to refer that the Government is having numerous officers in the court to defend it in the litigation. If the object is only to have the number of officers but not to provide effective defence in the litigation and assistance to the court the matter is different, but it could not have been the purpose. Purpose is to see that the State of Gujarat is properly and effectively represented in the litigation which is there against it in the courts.

(3.) Be that as it may. Merely because the reply to the special civil application has not been filed, court cannot defer the hearing of the matters. However, without there being any defence of the respondents in the special civil application, sometimes it puts the court in difficulties. Secondly for want of reply to the special civil application the factual averments made by he petitioner in the litigation are to be taken to be admitted and there is all possibility that the petitioner may not have stated true facts but as the defence is not put by the State of Gujarat and its officers those facts are to be taken to be admitted and ultimately decision may be there in favour of the petitioner which may not be correct on the facts. If such decisions are to be given by the courts then it is due to the negligence and carelessness on the part of the officers of the State of Gujarat. For such decisions, in fact and substance, the State of Gujarat and its officers are wholly responsible. Secondly if the accountability is not there then possibility of manoeuvering the decisions by the petitioner from the court can not be overruled. It is not difficult to manipulate the things at Gandhinagar and to manage non-filing of reply by the State Government by the litigants and ultimately to get the decision in their favour from the court. But if the accountability of the officers is there which should have been, then certainly this manipulation and manoeuvering may not be there. However, it is the concern of the State of Gujarat and not of the court. The court can only remind the State how its litigations are being taken care of in the courts by its officers and it is ultimately for the State of Gujarat how to correct its house.