BALU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner, working as Pump Driver in the respondent -Public Health and Engineer Department (PHED), ventilating his grievances has filed detailed representation before the various authorities of the respondent Department including the competent authority viz. the Chief Engineer (Adm.) regarding his pay fixation and removal pay anomaly in detail vide his representation dated 05.04.2014 (Annex. 16). The petitioner appears to have approached the authorities of the respondent Department earlier also, however, the representation has not been decided and hence the present writ petition has been filed in this Court on 10.07.2014 claiming parity of pay with private respondent No. 5, namely, Sh. Motilal Paliwal, working as Helper -I in the same Department.

(2.) THIS Court is faced with the flood of such litigations, where the competent authority of the respective Government Departments failed to take any action and deciding the pending representation/s filed before them raising various grievances by the employees about their service conditions, pay fixations and grant of selection scale etc. to various Government servants. This Court does not find any plausible reasons for not deciding the representations on the part of the respondents. Since these types of questions necessarily involves the determination of such facts qua the incumbent/s and the compared cases. The authorities of the respondent Department are bound to pass appropriate speaking orders on such representation, and this Court under Article 226 of the Constitution of India, cannot initiate roving enquiries and investigation into the relevant facts and then determine the questions involved in such cases.

(3.) IN the present case also, being of that type, the present writ petition is disposed of with a direction to the respondent No. 2 -Chief Engineer (Admn.) & Technical Member, Rajasthan Jal Pradaya Sewerage Prabhandh Mandal, PHED, Jaipur, to pass appropriate speaking order dealing with all the points and contentions raised by the petitioner in his representation and legal notice dated 05.04.2014, after giving an opportunity of hearing to the petitioner or his authorized person within three week from the date of producing certified copy of this order before the said authority. The petitioner is directed to first appear before the said authority in the first instance on 22.07.2014 and submit the copy of this order and if the appropriate speaking order is not passed within three weeks from that date, the respondent No. 2, Chief Engineer (Admn.) shall be liable to pay the personal costs of Rs. 5,000/ - to the petitioner.