Decide representations quickly to unburden courts, save exchequer: CAT to Govt

Srinagar, Feb 22:  The Central Administrative Tribunal (CAT) in Srinagar Thursday called for a mechanism by the government for quick disposal of the aggrieved employees’ representations so that courts are unburdened of frivolous litigations and the cost of the exchequer is reduced.

Disposing of a related plea, a division bench comprising M S Latif, Member (J), and Prasant Kumar, Member (A), asked the Chief Secretary to issue instructions to the State Instrumentalities to consider the representations of the aggrieved parties and dispose of the same by way of speaking orders so that frivolous litigation is cut down before the already exceedingly overburdened courts.

The court observed that the “State” by constitution as well as by practice was a “Welfare State” and whilst exercising governance, it was expected to protect and promote the social and economic well-being of its citizens.

“With this duty comes the inherent task of being the first responder of the grievances put forth by its citizens, albeit in the capacity of State employees or otherwise,” the court said.

While the court underscored that the primary expert and body possessing the complete acumen regarding the issue is the State itself, being one of the parties to the litigation before the court, it said: “Therefore, by assiduously addressing the grievances put forth by the aggrieved employees and acting as a first responder, the State can very well do itself a favour and substantially reduce the litigation before it.”

The court said, “The State is not patently under any responsibility to address the representations positively in favour of the aggrieved employees. However, by carefully considering the representations of the aggrieved employees, even if a fraction of the grievance is resolved, the cost of which is borne by the State exchequer as also by the litigating employees, the litigation before the courts, wherein the State is a party, shall reduce immensely.”

It said: “By adjudicating upon the representations of the aggrieved employees, the state shall not only lend itself a helping hand but also extend the same courtesy to the litigants, the courts and tribunals and also the State exchequer by way of reducing the litigation costs. … even otherwise the State must take away and embody the spirit of section 89 of CPC and make genuine attempts to address the grievances of its employees by way of speaking orders passed in response to the representations so preferred by them.”

The court said that rendering the representations by the aggrieved employees mute was reflective of a conduct unbecoming of authorities or government servants, who were tasked with the responsibility to serve the citizens including the State employees.

It made these observations while deciding on a plea by need-based casual labourers of the Department of Social Forestry, who contended that the numerous representations they submitted before the authorities had not been considered.

“It has become a regular practice of the State to lend a deaf ear to the representations preferred by the aggrieved parties, thereby leaving them with no option but to knock the doors of the courts at the very first instance,” the court said. “The practice further detonates the financial health of the already suffering litigants, who are burdened with the cost of avoidable litigation.”

It disposed of the petition by directing the competent authorities to give due and timely heed to the representations and pass speaking orders within 30 days from the date a copy of this order is served upon them.

The court also directed its Registry to send a copy of the order to the office of the Chief Secretary as well as to the Law Secretary at the earliest.