Rajasthan High Court - Jaipur
Ram Babu Singh vs R S R T C &Ors on 11 May, 2010
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.1058/2010 Ram Babu Singh Vs. Rajasthan State Roadways Transport Corporation and Others Date of Order ::: 11.05.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Sunil Kumar Singodiya, Counsel for petitioner Shri M.R. Choudhary, Counsel for respondents #### By the Court:-
Petitioner is aggrieved by the fact that despite having submitted an appeal against the order of termination dated 24.04.2007, the appeal is yet to be decided by the respondents. Therefore, he makes a limited prayer to this Court that the respondents be directed to decide the appeal within a period of three months.
Briefly stated the facts of the case are that initially the petitioner was appointed on the post of driver-cum-conductor on temporary basis vide order dated 09.11.2005 for a period of one year. However, his services were extended from time to time. On 21.05.2004 the respondent issued a circular in which it was mentioned that the regular pay-scale shall be given to those employees, who were appointed on daily wages basis. In the said circular, it was also mentioned that the drivers against whom criminal cases and MACT cases are not pending, they are entitled for regularization. Petitioner received order dated 24.04.2007 whereby his services have been terminated. Against said order dated 24.04.2007, petitioner submitted an appeal before respondent No.1. But, till today, respondents have not decided the said departmental appeal preferred by petitioner. Ultimately, petitioner served a notice for demand of justice. But no action has been taken by respondent-Corporation. Hence, this petition before this Court.
It is indeed a settled principle of law that once an appeal has been filed, it should be decided within a reasonable time. Admittedly, the appeal was filed on 04.09.2007, yet, the appeal has not been decided for last two-and-a-half-year. Silence on the part of respondents, despite having received a notice for demand of justice, speaks volumes about the inefficiency and the lethargy of the respondents in deciding the petitioner's appeal. Respondent No.1 being an instrumentality of the State, is expected to adhere to the concept of fairness and justness. Therefore, respondents are directed to carry out their legal duty and to decide the petitioner's appeal within a period of three months from the date of submission of the certified copy of this order.
Writ petition stands disposed of.
(Mohammad Rafiq) J.
//Jaiman//