PREM NARAYAN SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE defects pointed out by Registry are over ruled.

(2.) THE petitioner in this writ petition impugns the order of the Rajasthan Civil Services Appellate Tribunal (for short `rcsat') whereby the appeal preferred by the petitioner has been dismissed on the ground that there was no impugned written order against the petitioner. Core question therefore emerges for consideration is as to whether appeal before the RCSAT is maintainable without the impugned written order?

(3.) IT accordingly follows that in exercise of appellate jurisdiction the RCSAT has jurisdiction and competence to examine those matters of the Government Servant which relate to withholding of their pension. Is any written order required to be passed for withholding the pension? The answer to this question would always be in negative. The State Government in more than one modes, may without passing the written order, put the Government Servant in a disadvantageous position. If a government servant demands `equal pay for equal work' and `regular pay scale' and submits representation but the grievance voiced by the government servant turns into deaf ears and no written order is passed then what remedy is available to the govern servant? Can the Government, by its conduct render the government servant remediless? The answer would be big `no'.