G. M. LODHA, J. - (1.) THIS writ petition has been filed by the petitioner for issuing the directions to the respondents to comply with the order of the Rajasthan Civil Services Appellate Tribunal,, Jaipur, dated the 24th July, 1981, (hereinafter called as 'the Tribunal' ). The operative part of the order of the Tribunal reads as under: "the result is that the appeal is accepted. The appellant is found suitable to be promoted against merit quota for the year 1978-79 when the Dpc met. He is, therefore, entitled to be placed in accordance with his seniority, i. e. he would rank senior to Shri Manohar Singh. It would further be entitled to all consequential benefits arising out of it. "
(2.) THIS case was taken up yesterday and Mrs. Kamla Jain, the learned Additional Government Advocate then prayed for a days' time to obtain instructions of the Government so that the undertaking can be given for implementation of the order of the Tribunal. Today, Mrs. K. Jain, the learned Additional Government Advocate, has appeared for the respondent-State of Rajasthan and submitted that, one months' time may be allowed, so that the order of the Tribunal can be implemented and compliance can be reported. It is a matter of regret and concern that the pious constitutional object, with which the Tribunals were constituted by the State of Rajasthan by the enactment of Rajasthan Civil Services (Service matters appellate Tribunals) Act, 1976 is being not respected by the Government. The State functionaries even after the judgment delivered on 24th July, 1981, has neither implemented nor filed a writ to challenge it so far. A series of writ petitions have been filed before this Court by the civil servants who feeling bewildered on account of non-implementation of the order of the Tribunal, are compelled to institute the writ petitions only for the purpose of getting the directions against the Government for its implementation. It is most serious state of affairs that the Government is still praying for further time when it is the legal duty of the State functionaries to implement the orders of the Tribunal at the earliest. The Tribunal consists of three learned members, one of which is judicial member belonging to the Higher Judicial Services of the State and two of them are senior members of the Administrative Services, out of which one of the Super Time Scale of Indian Administrative Service and one senior member of Rajasthan Administrative or Accounts Services.
(3.) THE object of the constitution of the Tribunal was that the civil servants are threatened with the situation where the seniority, promotion, confirmation and fixation of pay and service conditions are undermined and they had no alternative remedy but to file the writ petition earlier before this Court. Since under our Constitution, the State is committed to social justice and has assured the justice to all, the legislation of the service Tribunal was a progressive legislation, meant for providing easy and speedy remedy and relief to the civil servants. Unfortunately, the very State after getting this legislation enacted and passed has not only exhibited indifference to the most vital important part of the enforcement of the orders but many of its functionaries have exhibited apathy towards the judgments of the Tribunal. In spite of the fact that the State Government issued orders and circulars that these orders of the Tribunal should be implemented within three months, unless a writ petition is filed for challenging the same, the judgments of the Tribunal are mostly obeyed in disobedience. They are thrown from one desk to other desk of the bureaucracy. The order of the Tribunal dated the 24th July, 1981 has not been challenged in writ petition, yet it has not been implemented so far. Even after taking time yesterday by Shri S. B. Mathur the learned Additional Government Advocate has not assured the court that it would be implemented forthwith. Mrs. Kamla Jain, appeared for the State, first, wanted one month's time and then, later on, submitted that she may be given three months' time and thereafter, again submitted that the officer-in-charge of the case wants that no undertaking should be given by the State. This strange some results by the State functionaries only exhibits the indifference and apathy, which they have got towards the judgments of the Tribunal. This only means that, in spite of the Government orders and circulars, to the effect that the orders of the Tribunal should be implemented within three months; scant regard is shown by the State Government, itself, not only to the judgment of the Tribunal but also to the orders of its own. It is surprising, how the Government could tolerate this disobedience which is likely to result in chans in the administration of the State. The result is, that this writ petition succeeds and is hereby accepted. It is, therefore, ordered that the order of the Tribunal dated the 24th July, 1981 in Appeal No. 478/1980 should be implemented and complied with within three months from today. ;