Sureshpal Singh Vs. State of Raj. and ors - Court Judgment

SooperKanoon Citationsooperkanoon.com/1164580
CourtRajasthan Jodhpur High Court
Decided OnSep-17-2014
AppellantSureshpal Singh
RespondentState of Raj. and ors
Excerpt:
s.b.c.w.p. no.8926/2012 sureshpal singh vs. state of rajasthan & ors. order dt:17. 09/2014 1/2 in the high court of judicature for rajasthan at jodhpur order s.b. civil writ petition no.8926/2012 sureshpal singh vs. state of rajasthan & ors. date of order :::17. h september, 2014 present hon'ble dr. justice vineet kothari mr. d.k. joshi, for the petitioner. mr. manish patel, addl. govt. counsel. -- by the court:1. the petitioner is working in the scheme for total sanitation in rural areas in the state of rajasthan, known as 'total sanitation compaign' (tsc) on contract basis, and claimed increase in the monthly honorarium paid to him, which was to be increased by 10% on completion of three years' service in pursuance of circular dated 13.01.2003 (annex.4) issued by the finance department, govt. of rajasthan.2. the petitioner has produced a copy of the passed by the additional chief executive officer, zila parishad, pali (annex.8) dated 31.01.2011, passed in the case of similarly situated persons on contract basis. counsel for the petitioner submitted that similar increase of honorarium should have been paid to the petitioner, who are posted at jodhpur, which has not been paid to them. for ventilating his grievance, the petitioner has made a representation s.b.c.w.p. no.8926/2012 sureshpal singh vs. state of rajasthan & ors. order dt:17. 09/2014 2/2 before the respondents vide annex.7 dated 11.06.2012 to the concerned district collector & chairman of the said district water and cleanliness committee, jodhpur, which however remained unresponded.3. the representation filed by the petitioner was not decided so far, the petitioner has filed this writ petition in this court on 29.08.2012, just after giving of the said representation. though a reply to the writ petition has been filed by the respondent department through mr. k.k. bissa, the then addl. govt. counsel.4. after hearing the learned counsel for the petitioner and learned addl. govt. counsel, this court is of the opinion that it will be premature for this court to pass any direction in the writ jurisdiction and it is for the respondent- district collector himself to decide the representation objectively and fairly in view of documents placed on record.5. accordingly, the present writ petition is disposed of with a direction to the district collector, jodhpur to decide the pending representation of the petitioner expeditiously, preferably within a period of three months from today. no costs. a copy of this order be sent to the concerned parties forthwith. (dr. vineet kothari), j./mohan (dj)/- 49
Judgment:

S.B.C.W.P. No.8926/2012 Sureshpal Singh Vs. State of Rajasthan & Ors. Order dt:

17. 09/2014 1/2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER

S.B. CIVIL WRIT PETITION No.8926/2012 Sureshpal Singh Vs. State of Rajasthan & Ors. Date of Order :::

17. h September, 2014 PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Mr. D.K. Joshi, for the petitioner. Mr. Manish Patel, Addl. Govt. Counsel. -- BY THE COURT:

1. The petitioner is working in the scheme for total sanitation in rural areas in the State of Rajasthan, known as 'Total Sanitation Compaign' (TSC) on contract basis, and claimed increase in the monthly honorarium paid to him, which was to be increased by 10% on completion of three years' service in pursuance of Circular dated 13.01.2003 (Annex.4) issued by the Finance Department, Govt. of Rajasthan.

2. The petitioner has produced a copy of the passed by the Additional Chief Executive Officer, Zila Parishad, Pali (Annex.8) dated 31.01.2011, passed in the case of similarly situated persons on contract basis. Counsel for the petitioner submitted that similar increase of honorarium should have been paid to the petitioner, who are posted at Jodhpur, which has not been paid to them. For ventilating his grievance, the petitioner has made a representation S.B.C.W.P. No.8926/2012 Sureshpal Singh Vs. State of Rajasthan & Ors. Order dt:

17. 09/2014 2/2 before the respondents vide Annex.7 dated 11.06.2012 to the concerned District Collector & Chairman of the said District Water and Cleanliness Committee, Jodhpur, which however remained unresponded.

3. The representation filed by the petitioner was not decided so far, the petitioner has filed this writ petition in this Court on 29.08.2012, just after giving of the said representation. Though a reply to the writ petition has been filed by the respondent Department through Mr. K.K. Bissa, the then Addl. Govt. Counsel.

4. After hearing the learned counsel for the petitioner and learned Addl. Govt. Counsel, this Court is of the opinion that it will be premature for this Court to pass any direction in the writ jurisdiction and it is for the respondent- District Collector himself to decide the representation objectively and fairly in view of documents placed on record.

5. Accordingly, the present writ petition is disposed of with a direction to the District Collector, Jodhpur to decide the pending representation of the petitioner expeditiously, preferably within a period of three months from today. No costs. A copy of this order be sent to the concerned parties forthwith. (Dr. VINEET KOTHARI), J.

/Mohan (DJ)/- 49