1 SBCW NO.1484/09 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. Civil Writ Petition No. 1484/2009 Bhanwar Lal Meratwal Vs. Sainik School Society & Ors. Date of order : 09.03.2009 HON'BLE MR.H.R.PANWAR,J. Mr. Rajesh Joshi for the petitioner. Mr. N.M.Lodha for the respondents. BY THE COURT Learned counsel appearing for the respondents submits that there is an alternative and efficacious remedy under Rule 10.18 of the Sainik Schools Society Rules and Regulations, 1997. Rule 10.18 of the Regulations of 1997 reads as under:- “10.18. Any member of the staff may put up his grievances in writing to the Board of Governors, Sainik Schools Society, or to the Chairman of the L.B.A. as appropriate with regard to the nature of grievance. All communications must, however, be forwarded only through the Principal of the concerned Sainik School who shall not have the right to with hold such an appeal/ representation. While forwarding such appeals, the Principal shall give his recommendations/ comments. There is, however, no objection to sending advance copies of such appeals/ representations to higher authorities if the matter is of urgent nature. Once such an appeal/ representation is 2 SBCW NO.1484/09 received by the Principal, final action against the appellant shall pend till receipt of directions from the authority to whom the appeal has been addressed, although in exceptional circumstances if there is good and sufficient reason to take immediate action against the appellant, failing which the interests of the Sainik School would be compromised, the Principal may at his own discretion and responsibility take such action, as deemed appropriate. If an employee wants to bring any of his grievances to the notice of a visiting officer (the Chairman LBA or the Hony Secretary, Sainik Schools, Society), he will be afforded an opportunity to do so. The employee desirous of seeking an interview with the visiting officer must, however, communicate his intention to the Principal, along with the details of his grievances in writing, at least 48 hours in advance and such a permission shall not be refused.” Faced with this situation, learned counsel for the petitioner submits that the petitioner may be given liberty to file a representation/ appeal as provided under Rule 10.18 of the Regulations of 1997 within ten days from today as also seeking a direction to the respondents to consider and decide the representation/ appeal if filed by the petitioner within a period of one month therefrom. Learned counsel appearing for the respondents agrees to it and submits that on receipt of such representation/ appeal, the respondents will consider and decide the same, if filed by the petitioner, within a period of one month and ultimately if the petitioner succeeds, the respondents are 3 SBCW NO.1484/09 prepared to pay the salary for the period during which the representation/ appeal remains pending. In this view of the matter, the petitioner is permitted to submit a representation/ appeal to the competent authority as provided under Rule 10.18 of the Regulations of 1997 within ten days from today and the respondents shall consider and decide the same objectively and in accordance with law within one month therefrom and if the petitioner succeeds in appeal, the respondents shall pay the salary for the period during which the appeal remains pending. With these directions, the writ petition stands disposed of. (H.R.PANWAR), J. rp 4 SBCW NO.1484/09 S.B.Civil Misc. Stay Petition No. 2694/09 In S.B. Civil Writ Petition No. 1484/2009 Date of order : 09.03.2009 HON'BLE MR.H.R.PANWAR,J. Mr. Rajesh Joshi for the petitioner. Mr. N.M.Lodha for the respondents. Since the writ petition itself has been disposed of, the stay petition also stands disposed of. (H.R.PANWAR), J. rp