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TMI Blog2024 (2) TMI 1519X X X X Extracts X X X X X X X X Extracts X X X X ..... HELD THAT:- This Court deems it appropriate to note that the State, by constitution as well as practice is a welfare-state. The State, whilst exercising governance over it's citizens, is expected to protect and promote the citizen's social and economic well-being, based on the ideals of equal and due opportunity and public responsibility for citizens who find it difficult and/or are unable to bare the necessities of life. It is noted that the writ court, whilst exercising jurisdiction under Article 226/227 of the Constitution of India, employs a discretionary approach, where in the presence of an alternate and efficacious remedy, the Courts often ponder in delegating the dispute to the said alternate authority, better equipped with expert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dened courts.
Conclusion - The respondent-State is directed to pay due and timely heed to the representation preferred by the petitioner on 23.08.2023 and thereafter, pass a speaking order within a period of 30 days. It is expected that the principles of natural justice shall be adhered with.
Petition disposed off. X X X X Extracts X X X X X X X X Extracts X X X X ..... y and public responsibility for citizens who find it difficult and/or are unable to bare the necessities of life. 6. With the aforementioned duty, comes the inherent task of being the 'first-responders' to the statements of grievance put forth by its citizens, albeit in the capacity of State employees or otherwise. 7. At the same time, it is noted that the writ court, whilst exercising jurisdiction under Article 226/227 of the Constitution of India, employs a discretionary approach, where in the presence of an alternate and efficacious remedy, the Courts often ponder in delegating the dispute to the said alternate authority, better equipped with experts or otherwise, to entertain the dispute. Resultantly, in service matters, the primary e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mute, by way of non-consideration by the State, is reflective of conduct unbecoming of government servants who are tasked with the noble responsibility to serve the citizens, including the State employees, and maintain their confidence in the State. By merely adjudicating upon representations, the State shall not only lend itself a helping hand, but also extend the same courtesy to the litigants, Courts/Tribunals and also the State Exchequer, by way of reducing litigation costs. 11. In this regard, Chief Secretary for the State is directed to issue instructions to the State instrumentalities to consider the representations of aggrieved parties and dispose of the same by way of speaking orders, so that frivolous/uncalled for litigation is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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