Recently, the division bench headed by Justice Vijay Bishnoi and Justice Praveer Bhatnagar rejected Suo Moto Public Interest Litigation (PIL) regarding the non-availability of adequate staff in the Tribunal.
The Court also directed the State Government to examine the situation regularly and take steps from time to time to fill the vacancies of the Ministerial Staff in the Tribunals and the other courts, which have been assigned to hear the Motor Accident Claims, as and when such vacancies arise, so in future, the functioning of Tribunals as well as other courts, which have been assigned to hear the Motor Accident Claims, may not be affected on account of inadequate Ministerial Staff.
Taking cognizance of the said matter, the Court collected information from the Registry of the Court and according to its information, total of 26 Motor Accident Claims Tribunals were in operation in the State of Rajasthan at that relevant time and the total pendency before it was 35160 cases.
The High Court also noted that besides the Tribunals, a total of 111 courts in the State of Rajasthan were also conferred power to hear the cases relating to Motor Accident Claims. It was also observed by this Court that the total pendency of the Motor Accident Claims before the Tribunals, as well as the other courts, was 72871 cases.
Further, the High Court noted that in the Motor Accident Claims Tribunals, Jodhpur- Reader, Stenographer and the adequate number of Lower Division Clerks are not available and the other courts, which were assigned to hear the Motor Accident Claims, are also not have adequate staff.
Noticing the above facts, the Court took cognizance of the issue and while invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India in public interest, ordered for registering the petition.
Notices were issued to the Principal Secretary, Department of Law and Justice, Government of Rajasthan, Jaipur and also to the Principal Secretary, Department of Personnel, Government of Rajasthan, Jaipur and they were directed to furnish the complete status about the availability of staff in the Tribunals in the State of Rajasthan.
The High Court permitted the State Government to employ Ministerial Staff on contract basis till the vacancies of Ministerial Staff are filled by regular process and directed the Secretary to the Government of Rajasthan, Department of Law and Legal Affairs to remain present before this Court on one of the occasion. Thereafter, several directions were issued from time to time and the State Government was directed to fill the vacancies of the Ministerial Staff in the Tribunals. Pursuant to that direction, the requirement of LDCs, Stenographers and Class-IV employees was taken place.
The counsel for the Rajasthan High Court took some time to prepare the SOP and informed that after incorporating the suggestions of the Amicus Curiae, the SOP in respect of the disbursement of compensation to the claimants will be prepared very soon and will also be circulated in all the Tribunals.
Advocate appearing for the State Government and Dr Sachin Acharya, Sr Advocate appearing for the Rajasthan High Court have informed the High Court that now, at present, adequate Ministerial Staff such as Readers, Stenographers, Account Officers and Class-IV employees are available in the Tribunals and the problem of inadequate of Ministerial Staff is not there.
After considering the above facts the High Court held that the purpose of the present suo moto petition is fulfilled and directed the Rajasthan High Court to prepare SOP for early disbursement of compensation to the claimants within a period of two weeks and to circulate it to all the Tribunals, functioning in the State of Rajasthan, and the other courts, which have been assigned to hear the Motor Accident Claims.
Website designed, developed and maintained by webexy