ROHITASH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner was appointed as Teacher Grade III upon selection in Zila Parishad, Nagaur and his appointment as Teacher was issued by the Panchayat Samiti, Jayal, vide Annex.4 dtd. 10.9.2012 posting him at Upper Primary School, Badi Khatu. The petitioner made a representation to the respondent - Chief Executive Officer, Zila Parishad, Nagaur vide Annex. 5 on 18.10.2012 seeking his posting on the basis of his merit at serial No. 162 at Deedwana, I which he stated that his wife Smt. Manorama was also serving as ANM for last 9 years and therefore, even though he is permanent resident of village Bigodhana, Dist. Jhunjhunu, his posting as Teacher Grade III in Panchayat Samiti at Deedwana within the Dist. Nagaur itself be considered in terms of guidelines issued by the Rural Development and Panchayati Raj Department vide anenx.3 dtd.3.8.2012 which provides that the selected candidates in a particular district will be given posting in his own Panchayat Samiti a as far as possible on the basis of his merit. The learned counsel for the petitioner has brought to the notice to this Court, a recent order of Division Bench of this Court in SB CWP No. 10799/2012 - Toga Ram v. State of Rajasthan and ors. which upon a reference made by the learned Single Judge, the Division Bench of this Court vide order dtd. 15.10.2012 has observed that the said guidelines dtd. 3.8.2012 Annex.3 even though may not be enforced as such, but that does not prevent the petitioner from approaching this Court under Article 226 of the Constitution of India if a suitable case for invoking such power is made out by the petitioner and Rule 23 of the Conduct Rules, 1971 which requires a prior sanction from the Government for vindication of an official act in a court of law by a Government servant will not come in way of the petitioner in approaching the Court of law in such matters. In the case of Toga Ram , the Division Bench of this Court observed as under:

(2.) The learned counsel for the petitioner, therefore, urged that his pending representation, which has not been considered for long and according to his merit, he should be given posting in Dist. Nagaur at Deedwana where his wife was also serving for 9 years as ANM and therefore, the respondents should be directed to decide that representation in accordance with the principles of natural justice.

(3.) This Court has time and again deprecated the practice of flooding the Court by filing of such premature writ petitions soon upon making the representations to the concerned authority by the petitioners and this Court in the case of Gopal Singh and anr. v. State of Rajasthan and ors. - SBCWP No. 13394/2013 decided on 26.11.2013 has held that this Court cannot be converted to act like a post office for directing the concerned authority to decide such representations of the various Government servants. The relevant portion of the said judgment is quoted below for ready reference :--