Rajasthan High Court - Jaipur
Meva Devi And Anr vs State Irrigation Dep Anr on 2 May, 2019
Author: Alok Sharma
Bench: Alok Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 6901/2013
Meva Devi And Anr
----Petitioner
Versus
State Irrigation Dep Anr
----Respondent
For Petitioner(s) : Mr. Sandeep Saxena For Respondent(s) : Mr. Prateek Singh for Ms. Sheetal Mirdha, AAG HON'BLE MR. JUSTICE ALOK SHARMA Order 02/05/2019 The Apex Court in the case of Ashok Kumar Yadav Vs. State of Haryana [(1985)4 SCC 417] has held that justice is not the function of the courts alone, it is also the duty of other state functionaries when expected to take decision on matters before them. The obligation to do justice therefore attaches to every organ of the State. And in fact if it were no so, the court's could be choked and the citizens left gasping for their rights--a wholly untenable and frightening situation which cannot come to pass or be countenanced.
In this view of the matter, Principal Secretary, Irrigation Department, Government of Rajasthan is directed to look into the mater and consider as to whether only for reason of the petitioner's application not being in the prescribed format for appointment under the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996 it (Downloaded on 28/06/2019 at 11:17:45 PM) (2 of 2) [CW-6901/2013] should have entailed denial of the consideration with the consequence of defeating the petitioners' statutory right.
A copy of this order be furnished to Mr. Prateek Singh appearing for the respondents. He is directed to transmit it to the Principal Secretary, Irrigation Department to take a view on this matter on or before 15.5.2019 and file an affidavit in regard thereto.
Put up on 15.5.2019, as prayed.
(ALOK SHARMA),J DK/ (Downloaded on 28/06/2019 at 11:17:45 PM) Powered by TCPDF (www.tcpdf.org)