Speaking order duty in service matters: State must consider employee representation and decide grievance by reasoned order.

Where a service grievance is raised through a pending representation, the State is expected to consider it and pass a reasoned speaking order rather than remain inactive. The High Court noted that although writ jurisdiction under Article 226 is discretionary and the claim need not be accepted, public administration requires application of mind, fair consideration and observance of natural justice in dealing with employee representations. The petition was disposed of with a mandamus directing the respondent-State to examine the representation and issue a speaking order within 30 days, reflecting the duty to address service grievances through reasoned decision-making.

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Issues: Whether the respondent-State was required to consider the petitioner's representation and pass a speaking order on the grievance raised in the service matter.

Analysis: The petition arose from the non-consideration of a representation seeking revocation of suspension and reinstatement. The writ jurisdiction under Article 226 of the Constitution of India is discretionary, but the State, as a welfare State and the primary authority in service matters, is expected to respond to employee grievances by considering representations and issuing reasoned orders. The order emphasises that such consideration does not require acceptance of the claim, but does require application of mind and compliance with the principles of natural justice. The directions also invoke the spirit of Section 89 of the Code of Civil Procedure, 1908, to encourage genuine efforts at grievance redressal and reduce avoidable litigation.

Conclusion: The respondent-State was directed to consider the petitioner's representation and pass a speaking order within 30 days, and the grievance was thus decided in favour of the petitioner.

Final Conclusion: The petition was disposed of with a mandamus to examine the representation and render a reasoned decision, reflecting the duty of the State to address employee grievances through speaking orders.

Ratio Decidendi: Where a representation is pending and the grievance has not been considered, the State should decide it by a reasoned speaking order, consistent with natural justice and responsible public administration.

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