RAJASTHAN AT JODHPUR : : (1) S.B. CIVIL WRIT PETITION NO.1940/2005 (Bapulal v. State of Rajasthan & Anr.) (2) S.B. CIVIL WRIT PETITION NO.1935/2005 (Mukesh & Ors.

HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Mahesh Bora, for the petitioners. Mr.M.S. Panwar on behalf of Mr.Sajjan Singh, for the respondents. Heard learned counsel for the parties and perused the entire record of the case as well as the judgments cited by parties passed in bunch of writ petitions, Zakir Hussain Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.2107/2001) along with five writ petitions decided on 29th May, 2005 in which following order was passed:- 2 “In the facts and circumstances of the case, I find that it is rather just and in the interest of justice as well as to save valuable and previous judicial time of the Court that the Establishment/Society should have considered the matter. It hardly matters whether the petitioners get the benefits or not. The Establishment/Society has to decide the matter and pass the appropriate order giving reasons in support thereof where it does not accept the prayer made by the petitioners.

This act of the Establishment/Society to sit tight over the representations of the petitioners made in this respect is unfortunate. Moreso, where it is a State within the meaning of Article 12 of the Constitution, it has to exhibit itself as a model employer and not as an ordinary employer. It is equally another important aspect on which this Establishment/Society is to concentrate that its money may not unnecessarily wasted in litigation which may be avoidable. If the demand made by an employee is genuine, it has to be accepted without there being any intervention of the Court. In such matters at its own the grievances of the employees are to be redressed so that it may not only act in accordance with constitutional mandate and desire and expectation but also save the peoples money. The ends of justice would be served in case the petitioners are directed to make fresh representations ventilating all their grievances before the Director, Sanitation Water Community, Health (SWACH) Project, Alkapuri, Udaipur and the Director of the Project is directed to decide the same within a period of one month from the date of receipt of the representations.

In case the claims of the petitioners for revised pay scale are not accepted, a reasoned order may be passed and copy of the same be sent by registered post to the petitioners. In case where the claims of the petitioners are accepted and they are found entitled for benefit of revised pay scale, the consequential benefits follows therefrom shall be given to them within a period of two months next. Where order of the Director of the Establishment/Society goes 3 against the petitioners, they are free to apply for revival of these petitions by filing simple applications. If such applications are filed, office is directed to place the same in Court with the files of the main matters for consideration. It is made clear to the Director of the Establishment/Society that in case whereof the representations filed by the petitioners are decided against them and on their being approached to this Court, the Court decides the matters in their favour, the Court may at that time award interest on the arrears of the fixation of the pay at the rate of 18% to all petitioners as well as the costs of the litigation.